S D 

"^^^ COxMPILATION OF LAWS, 



AND 



REGULATIONS AND DECISIONS THEREUNDER. 



RELATING TO THE 



CREATION AND ADMINISTRATION 



PUBLIC FOREST RESERVES. 



Issued Novembkk G, 1900. 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1900. 




Glass S D ^ ? r . 

Book ' " 

\^l 00 CK^ 



COMPILATION OF LAWS, 



AND 



^> 



/S39 



REGULATIONS AND DECISIONS THEREUNDER, 



RELATING TO THE 



CREATION AND ADMINISTRATION 



OF 



PUBLIC FOREST RESERVES. 



Issued November 6, 1900. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1900. 



^^ 



'^^y 



^oo"" 



m BXCHANOS. 

WAR 1 8 191&^ 



Department of the Interior, 

General Land Office, 

Washington, D. C, November 6, 1900. 
The following compilation of existing laws relative to public forest 
reserves, with the rules and regulations thereunder, and decisions in 
relation thereto, is issued for the information of those concerned. 

Binger Hermann, 

Commissioner. 
3 



SYNOPSIS OF LAWS RELATING TO PUBLIC FOREST RESERVES. 



GENERAL LAWS. 

Act of March 3, 1891 (26 Stat., 1095): 

Section 24 thereof authorizes the President of the United States to 
establish public forest reserves. 
Act of June 4, 1897 (30 Stat., 34-36): 

Provides for the administration of forest reserves created under 
section 24 of the act of March 3, 1891 (26 Stat., 1095). 
Act of February 28, 1899 (30 Stat., 908): 

Authorizes the Secretary of the Interior to rent or lease suitable 

spaces and portions of ground near, or adjacent to, mineral, 

medicinal, or other springs within public forest reserves. 

Act of March 3, 1899 (30 Stat., 1095), "Sundry Civil;" Act of 

February 9, 1900 (31 Stat., 21), "Urgent Deficiency," and Act of 

June 6, 1900 (31 Stat., 614), "Sundry Civil," contain the following 

provision : 

Provided further, That forest agents, superintendents, supervis- 
ors, and all other persons employed in connection with the 
administration and protection of forest reservations shall, in 
all ways that are practicable, aid in the enforcement of the 
laws of the State or Territory in which said forest reservation 
is situated in relation to the protection of fish and game. 
Act of March 3, 1899 (30 Stat., 1097), " Sundry civil : " 

Provides, "That hereafter all standard, meander, township, and 
section lines of the public land surveys shall, as heretofore, 
be established under the direction and supervision of the 
Commissioner of the General Land Oflice, whether the lands 
to be surveyed are within or without reservations, except 
that where the exterior boundaries of public forest reserva- 
tions are required to be coincident with standard, township, 
or section lines such boundaries may, if not previously estab- 
lished in the ordinary course of the public land survej^s, be 
established and marked under the supervision of the Director 
of the United States Geological Survey whenever necessary 
to complete the survey of such exterior boundaries." 

5 



g Synopsis of Lmvs. 

Act of March 3, 1899 (30 Stat., 1233), "Deficiency:" 

Provides, "That in the form provided by existing law the Secre- 
tary of the Interior may file and approve surveys and plats 
of any right of way for a wagon road, railroad, or other high- 
way over and across any forest reservation or reservoir site 
when in his judgment the public interests will not be injuri- 
ously affected thereby." 

Act of May 5, 1900 (31 Stat., 169): 

Amends act of February 24, 1897 (29 Stat., 594), entitled "An act 
to prevent forest fires on the public domain." 

Act of June 6, 1900 (31 Stat., 614): 

Provides, "That all selections of land made in lieu of a tract 
covered by an unperfected bona fide claim, or by a patent, 
included within a public forest reservation, as provided in 
the act of June fourth, eighteen hundred and ninety-seven, 
entitled 'An act making appropriations for sundry civil 
expenses of the Government for the fiscal year ending June 
thirtieth, eighteen hundred and ninety-eight, and for other 
purposes,' shall be confined to vacant surveyed nonmineral 
public lands which are subject to homestead entry not exceed- 
ing in area the tract covered by such claim or i)atent : Pro- 
vided, That nothing herein contained shall be construed to 
affect the rights of those who, previous to October first, nine- 
teen hundred, shall have delivered to the United States deeds 
for lands within forest reservations and make application for 
specific tracts of lands in lieu thereof." 

Act of June 6, 1900(31 Stat., 661): 

Amends certain provisions in the act of June 4, 1897 (30 Stat., 35), 
respecting sale of forest reserve timber. 

LOCAL LAWS. 

Act of February 20, 1896 (29 Stat., 11): 

Opening certain forest reservations in the State of Colorado for 
the location of mining claims, etc. 
Act of May 18, 1898 (30 Stat., 418): 

Grants the Santa Fe and Grand Canyon Railroad Company right 
of way through the Grand Canyon Forest Reserve in Arizona. 

Act of June 27, 1898 (30 Stat., 493) : 

Grants the Cripple Creek District Railway Company right of way 
through the Pike's Peak Timber Land Reserve in Colorado, 
and also over certain public lands outside of the reserve. 
Act of July 8, 1898 (30 Stat., 729) : 

Grants the Cripple Clreek Short Line Railway Company right of 
way through the Pike's Peak Timber Land Reserve in Colo- 
rado, and also over certain public lands outside of the 
reserve. 



Synopsis of Laws. 7 

Act of January 10, 1899 (30 Stat., 783): 

Grants the Saginaw Southern Railroad Company right of way 
through the San Francisco Mountains Forest Reserves in 
Arizona, and also over certain public lands outside of the 
reserves. 

Act of February 28, 1899 (30 Stat., 910): 

Grants to the Pasadena and Mount Wilson Railway Company right 
of way through the San Gabriel Forest Reserve in California; 
and also authorizes the Secretary of the Interior to sell to the 
said railway company, its successors and assigns, certain tracts 
of land along said right of way for stations, hotels, astronom- 
ical observatories, etc. 

Act of June 6, 1900 (31 Stat., 657): 

Grants to the town of Flagstaff, Ariz. , right of way over certain 
lands in the San Francisco Mountains Forest Reserves in 
Arizona, for a pipe line to be used in the conveyance of water. 

Act of March 3, 1899 (30 Stat., 1095): 

Makes provision respecting special homestead privileges for cer- 
tain settlers in the Black Hills Forest Reserve, in the State of 
Soiuth Dakota. 



COMPILATION OF LAWS, AND REGULATIONS AND DECISIONS 
THEREUNDER, RELATING TO THE CREATION AND ADMIN- 
ISTRATION OF PUBLIC FOREST RESERVES. 



GENERAL LAWS. 

CREATION OF PUBLIC FOREST RESERVES. 

Public forest reserves are created under authority contained in 
section 24 of the act of March 3, 1891 (26 Stat., 1095), which reads as 
follows : 

[Act of March 3, 1891 (26 Stat., 1095).] 

Chap. 561. — AN ACT to repeal timber-culture laws, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

* * ^ 4: 4: 4: 4: 

Sec. 24. That the President of the United States may from time to 
time set^ apart and reserve, in any State or Territory having public 
lands bearing forests, in any part of the public lands wholly or in part 
covered with timber or undergrowth, whether of commercial value or 
not, as public reservations; and the President shall, by public pro- 
clamation, declare the establishment of such reservations and the 
limits thereof. 

ADMINISTRATION OF FOREST RESERVES. 

Provision for the administration of forest reserves created under 
section 24 of the said act of March 3, 1891, is made in the act of June 
4, 1897 (30 Stat., 34-36), as follows: 

[Act of June 4, 1897 (30 Stat., 34-36).] 

Chap. 2. — AN ACT making appropriations for sundry civil expenses of the Gov- 
ernment for the fiscal year ending June thirtieth, eighteen hundred and ninety- 
eight, and for other purposes. 

Be it enacted by the Senate and House of Representatives ^^^^fj^^^^^^^- 
of the United States of America in Congress assembled, ^ivii expenses. 
That the following sums be, and the same are hereby, 
appropriated, for the objects hereinafter expressed, for 
the fiscal year ending June thirtieth, eighteen hundred 
and ninety-eight, namely: 

* ^ ^ if it^ ■jti ^ 

For the survey of the T)ublic lands that have been or Forest re- 

^ '- serves. 

may hereafter be designated as forest reserves by Execu- survey of. 

9 



10 Act of June 4, 1897 {SO Stat, 3^-36). 

tive proclamation, under section twenty-four of the act 
of Congress approved March third, eighteen hundred and 
Vol.26, p. no3. ninety-one, entitled "An act to repeal timber-culture 
laws, and for other purposes," and including public lands 
adjacent thereto, which may be designated for survey by 
the Secretary of the Interior, one hundred and fifty thou- 
Provisos. sand dollars, to be immediately available : Provided, That, 
re^olre^etc.^x^ to removc any doubt wliich. may cxist pertaining to the 
ecutive orders, authority of the President thereunto, the President of the 
United States is hereby authorized and empowered to re- 
voke, modify, or suspend any and all such Executive 
orders and proclamations, or any part thereof, from time 
to time as he shall deem best for the public interests: 
Proclamations Provided, That the Executive orders and proclamations 

of February 22, ' , . , r, ^ ^ , 

1897, suspended, dated February twenty-second, eighteen hundred and 

Vol. 29, p. 895, ninety-seven, setting apart and reserving certain lands in 

®**^' the States of Wyoming, Utah, Montana, Washington, 

Idaho, and South Dakota as forest reservations, be, and 

they are hereby, suspended, and the lands embraced 

therein restored to the public domain the same as though 

Lands undis- Said ordcrs and proclamations had not been issued : Pro- 

^T^chi^,''lm/vided further, That lands embraced in such reservations 

ploSama&ons'^not otherwise disposed of before March first, eighteen 

®*"- hundred and ninety-eight, shall again become subject to 

the operations of said orders and proclamations as now 

existing or hereafter modified by the President. 

Surveys to be The surveys herein provided for shall be made, under 

made by Direct- '' ^ « i y-. i • i r^ 

or of Geological the Supervision of the Director of the Geological Survey, 
by such person or persons as may be employed by or under 
him for that purpose, and shall be executed under instruc- 
tions issued by the Secretary of the Interior; and if sub- 
division surveys shall be found to be necessarj^, they shall 
be executed under the rectangular system, as now pro- 
piats and field vidcd by law. The plats and field notes prepared shall be 

notes, filing, etc. approved and certified to by the Director of the Geological 
Survey, and two copies of the field notes shall be returned, 
one for the files in the United States surveyor-general's 
office of the State in which the reserve is situated, the 
other in the General Land Office; and twenty photolitho- 
graphic copies of the plats shall be returned, one copy for 
the files in the United States survej^or-general's office of 
the State in which the reserve is situated ; the original plat 
and the other copies shall be filed in the General Land 
Office, and shall have the facsimile signature of the Direc- 
tor of the Survey attached. 



Act of June 4, 1897 {30 Stat. , 34.-36). 1 1 

Such surveys, field notes, and plats thus returned shall^^^^'ce and 
have the same legal force and effect as heretofore given 
the surveys, field notes, and plats returned through the 
surveyors-general ; and such surveys, which include sub- 
division survey's under the rectangular system, shall be 
approved by the Commissioner of the General Land Office 
as in other cases, and properly certified copies thereof 
shall be filed in the respective land offices of the districts 
in which such lands are situated, as in other cases. All, inconsistent 

laws. 

laws inconsistent with the provisions hereof are hereby 
declared inoperative as respects such survey: Provided, Proviso, 
lioivevei', That a copy of every topographic map and other Maps. 
maps showing the distribution of the forests, together 
with such field notes as may be taken relating thereto, 
shall be certified thereto by the Director of the Survey 
and filed in the General Land Office. 

All public lands heretofore designated and reserved by 
the President of the United States under the provisions 
of the act approved March third, eighteen hundred and Voi. 26, p. 1095 
ninety-one, the orders for which shall be and remain in 
full force and effect, unsuspended and unrevoked, and 
all public lands that may hereafter be set aside and 
reserved as public forest reserves under said act, shall 
be as far as practicable controlled and administered in 
accordance with the following provisions : 

No public forest reservation shall be established, except Forest reser- 
to improve and protect the forest within the reservation, to be estab- 
or for the purpose of securing favorable conditions of 
water flows, and to furnish a continuous supply of timber 
for the use and necessities of citizens of the United States; 
but it is not the purpose or intent of these provisions, or 
of the act providing for such reservations, to authorize the 
inclusion therein of lands more valuable for the mineral 
therein, or for agricultural purposes, than for forest pur- 
poses. 

The Secretary of the Interior shall make provisions for ro'^^e^cTf on 
the protection against destruction by fire and depredations against fire, etc. 
upon the public forests and forest reservations which may 
have been set aside or which may be hereafter set aside 
under the said act of March third, eighteen hundred and 
ninety-one, and which may be continued; and he may 
make such rules and regulations and establish such serv- Ruiesandreg- 

^ ulations.- 

ice as will insure the objects of such reservations, namely, 
to regulate their occupancy and use and to preserve the 
forests thereon from destruction; and any violation of 



12 Act of June 4., 1897 {30 Stat. , SJrS6). 

the provisions of this act or such rules and regulations 
Penalty. shall be Dunishcd as is provided for in the act of June 

Vol. 25, p. 166. ^ ^ 

R.S., sec. 5388, fourth, eighteen hundred and eighty-eight, amending sec- 
tion fifty-three hundred and eighty-eight of the Revised 
Statutes of the United States. 

Timber. For the purpose of preserving the living and growing 

A-pprOiisflii suci 

sale of dead, etc. timber and promoting the younger growth on forest res- 
ervations, the Secretary of the Interior, under such rules 
and regulations as he shall prescribe, may cause to be 
designated and appraised so much of the dead, matured, 
or large growth of trees found upon such forest reserva- 
tions as may be compatible with the utilization of the 
forests thereon, and may sell the same for not less than 
the appraised value in such quantities to each purchaser 
as he shall prescribe, to be used in the State or Territory 
in which such timber reservation may be situated, respec- 
Noticeof sale, tively, but uot for export therefrom. Before such sale 
shall take place, notice thereof shall be given by the Com- 
missioner of the General Land Office, for not less than 
sixty days, by publication in a newspaper of general cir- 
culation, published in the county in which the timber is 
situated, if any is therein published, and if not, then in 
a newspaper of general circulation published nearest to 
the reservation, and also in a newspaper of general circu- 
lation published at the capital of the State or Territory 

.P^'jy^®^*^' where such reservation exists; payments for such timber 
to be made to the receiver of the local land office of the 
district wherein said timber may be sold, under such rules 
and regulations as the Secretary of the Interior may pre- 
scribe; and the moneys arising therefrom shall be ac- 
counted for by the receiver of such land office to the 
Commissioner of the General Land Office, in a separate 
Cutting and accouut, and shall be covered into the Treasury. Such 

removal. ' '' 

timber, before being sold, shall be marked and designated, 
and shall be cut and removed under the supervision of 
some person appointed for that purpose by the Secretary 
of the Interior, not interested in the purchase or removal 
of such timber nor in the employment of the purchaser 
thereof. Such supervisor shall make report in writing to 
the Commissioner of the General Land Office and to the 
receiver in the land office in which such reservation shall 
be located of his doings in the premises. 
etY^by^settiers '^^® Secretary of the Interior may permit, under regu- 
etc. lations to be prescribed by him, the use of timber and 

stone found upon such reservations, free of charge, by 
bona fide settlers, miners, residents, and prospectors for 



Aet of June ^, 1897 {30 Stat, SJ^S6). 13 

minerals, for firewood, fencing, buildings, mining, pros- 
pecting, and other domestic purposes, as may be needed 
by such persons for such purposes; such timber to be 
used within the State or Territory, respectively, where 
such reservations may be located. 

Nothing herein shall be construed as prohibiting the Egressand in- 

° , i:- » gress of settlers 

egress or ingress of actual settlers residing within the ^ithin reserva- 

iJlOIlSi 0t)C. 

boundaries of such reservations, or from crossing the 
same to and from their property or homes ; and such wagon 
roads and other improvements may te constructed thereon 
as may be necessary to reach their homes and to utilize 
their property under such rules and regulations as may 
be prescribed by the Secretary of the Interior. Nor shall 
anything herein prohibit any person from entering upon 
such forest reservations for all proper and lawful pur- 
poses, including that of prospecting, locating, and devel- Prospecting, 
oping the mineral resources thereof : Provided^ That such Proviso. 
persons comply with the rules and regulations covering wShruies*'^*'^ 
such forest reservations. 

That in cases in which a tract covered bv an unper- , selection of 

'' '^ land m lieu of 

fected bona fide claim or by a patent is included within re^^^*!"^^^®*^ 
the limits of a public forest reservation, the settler or 
owner thereof may, if he desires to do so, relinquish the 
tract to the Government, and may select in lieu thereof a 
tract of vacant land open to settlement not exceeding in 
area the tract covered by his claim or patent; and no 
charge shall be made in such cases for making the entry 
of record or issuing the patent to cover the tract selected : 
Provided further, That in cases of unperf ected claims the ^o^iso. 
requirements of the laws respecting settlement, residence, claims.^ 
improvements, and so forth, are complied with on the new 
claims, credit being allowed for the time spent on the re- 
linquished claims. 

The settlers residing within the exterior boundaries of Schools and 

cllUI*cll6S 

such forest reservations, or in the vicinity therof, may 
maintain schools and churches within such reservation, 
and for that purpose may occupy any part of the said 
forest reservation, not exceeding two acres for each school- 
house and one acre for a church. 

The jurisdiction, both civil and criminal, over persons ^j.9^j^^j' .*^j^ 
within such reservations shall not be affected or changed Miction. 
by reason of the existence of such reservations, except so 
far as the punishment of offenses against the United 
States therein is concerned ; the intent and meaning of 
this provision being that the State wherein any such reser- 
vation is situated shall not, by reason of the establish- 



14 -A-d of June 4, 1897 {30 Stat, 3JfS6) — Regulations thereunder. 

ment thereof, lose its jurisdiction, nor the inhabitants 
thereof their rights and privileges as citizens, or be 
absolved from their duties as citizens of the State. 

Waters. AH waters on such reservations may be used for domes- 

tic, mining, milling, or irrigation purposes, under the laws 
of the State wherein such forest reservations are situated, 
or under the laws of the United States and the rules and 
regulations established thereunder. 

Restoration Upon the recommendation of the Secretary of the Inte- 

of mineral or -"^ '' 

agricuiturairior, with the approval of the President, after sixty days' 

lands to public ' ^ ^ . 

domain. notice thereof, published in two papers of general circula- 

tion in the State or Territory wherein any forest reserva- 
tion is situated, and near the said reservation, any public 
lands embraced within the limits of any forest reservation 
which, after due examination by j^ersonal inspection of a 
competent person appointed for that purpose by the Sec- 
retary of the Interior, shall be found better adapted for 
mining or for agricultural purposes than for forest usage, 
may be restored to the public domain. And any mineral 
lands in any forest reservation which have been or which 
may be shown to be such, and subject to entry under the 
existing mining laws of the United States and the rules 
and regulations applying thereto, shall continue to be 
subject to such location and entry, notwithstanding any 
provisions herein contained. 
President The President is hereby authorized at any time to 

may modify any 

Executive modify any Executive order that has been or may here- 
after be made establishing any forest reserve, and by such 
modification may reduce the area or change the boundary 
lines of such reserve, or may vacate altogether any order 
creating such reserve. 



Regulations Governing Forest Reserves under the Act of 
June 4, 1897 (30 Stat., 34-36). 

[Circular.] 

Department of the Interior, 

General Land Office, 

Washington, D. C, April j^, 1900. 
1. Under the authority vested in the Secretary of the Interior by 
the act of Congress, approved June 4, 1897, entitled "An act making 
appropriations for sundry civil expenses of the Government for the 
fiscal year ending June thirtieth, eighteen hundred and ninety-eight, 
and for other purposes, "to make such rules and regulations and estab- 
lish such service as will insure the objects for which forest reserva- 
tions are created under section 24 of the act of March 3, 1891 (26 



Object of Forest Reservation — Penalties — Fires. 15 

Stat., 1095), the following rules and regulations are hereby prescribed 
and promulgated : 

OBJECT OF FOREST RESERVATION. 

2. Public forest reservations are established to protect and improve 
the forests for the purpose of securing a permanent supply of timber 
for the people and insuring conditions favorable to continuous water 
flow. 

3. It is the intention to exclude from these reservations, as far as 
possible, lands that are more valuable for the mineral therein, or for 
agriculture, than for forest purposes; and where such lands are 
embraced within the boundaries of a reservation, they may be restored 
to settlement, location, and entry. 

PENALTIES FOR VIOLATION OF LAW AND REGULATIONS. 

4. The law under which these regulations are made provides that 
any violation of the provisions thereof, or of any rules and regulations 
thereunder, shall be punished as is provided for in the act of June 4, 
1888 (25 Stat., 166), amending section 5388 of the Revised Statutes, 
which reads as follows: 

That section fifty-three hundred and eighty-eight of the Revised Statutes of the 
United States be amended so as to read as follows: ' ' Every person who unlawfully 
cuts, or aids or is employed in unlawfully cutting, or wantonly destroys or pro- 
cures to be wantonly destroyed, any timber standing upon the land of the United 
States which, in pursuance of law. may be reserved or purchased for military or 
other purposes, or upon any Indian reservation, or lands belonging to or occupied 
by any tribe of Indians under authority of the United States, shall pay a fine of 
not more than five hundred dollars or be imprisoned not more than twelve 
months, or both in the discretion of the court." 

This provision is additional to the penalties now existing in respect 
to punishment for depredations on the public timber. The Govern- 
ment has, also, all the common-law civil remedies, whether for the 
prevention or redress of injuries, which individuals possess. 

5. The act of February 24, 1897 (29 Stat., 594), entitled "An act to 
prevent forest fires on the public domain," provides^ — 

******* 

Large areas of the public forests are annually destroyed by fire, 
originating in many instances through the carelessness of prospect- 
ors, campers, hunters, sheep herders, and others, while in some cases 
the fires are started with malicious intent. So great is the impor- 
tance of protecting forests from fire that this Department will make 
special effort for the enforcement of the law against all persons guilty 

'In place of the act of February 24, 1897 (39 Stat., 594), see (on page 44) the 
amending act of May 5, 1900 (31 Stat., 169). 



16 Jurisdiction — Public and Private Uses — Schools and Churches. 

of starting or causing the spread of forest fires in the reservations in 
violation of the above provisions. 

6. The law of June 4, 1897, for forest reserve regulations also pro- 
vides that — 

The jurisdiction, both civil and criminal, over persons within such reservations 
shall not be affected or changed by reason of the existence of such reservations, 
except so far as the punishment of offenses against the United States therein is 
concerned: the intent and meaning of this provision being that the State wherein 
any such reservation is situated shall not, by reason of the establishment thereof, 
lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citi- 
zens, or be absolved from their duties as citizens of the State. 

PUBLIC AND PRIVATE USES. 

7. It is further provided that — 

Nothing herein shall be construed as prohibiting the egress or ingress of actual 
settlers residing within the boundaries of such reservations, or from crossing the 
same to and from their property or homes; and such wagon roads and other improve, 
ments may be constructed thereon as may be necessary to reach their homes and to 
utilize their property under sucli rules and regulations as may be prescribed by the 
Secretary of the Interior. Nor shall anything herein prohibit any person from 
entering upon such forest reservations for all proper and lawful purposes, includ- 
ing that of prospecting, locating, and developing the mineral resources thereof: 
Provided, That such persons comply with the rules and regulations covering such 
forest reservations. 

The settlers residing within the exterior boundaries of such forest reservations, 
or in the vicinity thereof, may maintain schools and churches within such reser- 
vation, and for that purpose may occupy any part of the said forest reservation, 
not exceeding two acres for each schoolhouse and one acre for a church. 

All waters on such reservations may be used for domestic, mining, milling, or 
irrigation purposes, under the laws of the State wherein such forest reservations 
are situated, or under the laws of the United States and the rules and regulations 
established thereunder. 

8. The public in entering, crossing, and occupying the reserves, for 
the purposes enumerated in the law, are subject to a strict compliance 
with the rules and regulations governing the reserves. 

9. Private wagon roads and county roads may be constructed over 
the public lands in the reserves wherever they may be found neces- 
sary or useful, but no rights shall be acquired in said roads running 
over the public lands as against the United States. Before public 
timber, stone, or other material can be taken for the construction of 
such roads, permission must first be obtained from the Secretary of 
the Interior. The application for such privilege should describe the 
location and direction of the road, its length and width, the probable 
quantity of material required, the location of such material, and its 
estimated value. 

10. The permission to occupy public lands in the reserves for school- 
houses and churches, as provided for in the law, is merely a privilege, 
and is subject to any future disposition that may be made of such 
tracts by the United States. 



Rights of Way — Pasturing — Relinquishment of Claims. 17 

11. The right of way in and across forest reservations for irrigating 
canals, ditches, flumes and pipes, reservoirs, electric power purposes, 
and for pipe lines, will be subject to existing laws and regulations; and 
the applicant or applicants for such right will be required, if deemed 
advisable by the Commissioner of the General Land Office, to give bond 
in a satisfactory surety company to the Government of the United 
States, to be approved by him, such bond stipulating that the makers 
thereof will pay to the United States for any and all damage to the 
public lands, timber, natural curiosities, or other public property on 
such reservation or upon the lands of the United States, by reason of 
such use and occupation of the reserve, regardless of the cause or 
circumstances under which such damage may occur. 

12. Under the term "to regulate their occupancy and use," the 
Secretary of the Interior is authorized to grant such licenses and 
privileges, from time to time, as may seem to him proper and not 
inconsistent with the objects of the reservations nor incompatible 
with the public interests. 

PASTURING OF LIVE STOCK. ^ 

-|0 * * * * * * * 

RELINQUISHMENT OF CLAIMS. ^ 

14. The law provides that where a tract within a forest reservation 
is covered by an unperfected bona fide claim, or by a patent, the set- 
tler or owner may, if he so desires, relinquish the tract to the 
United States and select in lieu thereof a tract of vacant public land 
outside of the reservation, open to settlement, not exceeding in area 
the tract relinquished. No charge is to be made for placing the new 
entry of record. This is in consideration of previous fees and com- 
missions paid. Where the entry is in lieu of an unperfected one, 
the necessary fees in the making of final proof and issuance of cer- 
tficate will be required. Where the entry is based on an unsurveyed 
claim, as provided for in paragraph 17 hereof, all fees and commis- 
sions attending entry must be paid, none having been paid previously. 

15. Where an application is made for change of entry under the 
above provision, it must be filed in the land office for the district in 
which the lieu selection lies. The application must describe the tract 
selected and the tract covered by the unperfected entry, and must be 
accompanied by a formal relinquishment to the United States of all 
right, title, and interest in and to the tract embraced in said entry. 
There must also be filed with the application an affidavit, corroborated 
by at least two witnesses cognizant of the facts, showing the periods 

' In place of paragraph 13, see circular of July 5, 1900, on page 38. 

2 For decisions on this subject and for the amending act of June 6, 1900 (31 
Stat., 614), see under the heading "Exchange of relinquished claims and private 
holdings within forest reserves for outside tracts," on page 24. 
9372—00 2 



18 Claims — Mineral Lands — Free Use of Timber and Stone. 

and length of claimant's residence on his relinquished claim, as credit 
for the time spent thereon will be allowed under the new entry in com- 
puting the period of residence required by law. Residence and im- 
provements are requisite on the new entry, the same as on the old, 
subject only, in respect to residence, to a deduction of the period 
covered by the relinquished entry. 

16. Where final certificate or patent has issued, it will be necessary 
for the entryman or owner thereunder to execute a quitclaim deed to 
the United States, have the same recorded on the county records, and 
furnish an abstract of title, duly authenticated, showing chain of title 
from the Government back again to the United States. The abstract 
of title should accompany the application for change of entry, which 
must be filed as required by paragraph 15, without the affidavit therein 
called for. 

17. In case a settler on an unsurveyed tract within a forest reserva- 
tion desires to make a change of settlement to land outside of the reser- 
vation and receive credit for previous residence, he should file his 
application as provided for in paragraph 15, including the affidavit as 
to residence therein required, and describing his unsurveyed claim with 
sufficient accuracy to enable the local land officers to approximately 
determine its location. 

18. All applications for change of entry or settlement must be for- 
warded by the local officers to the Commissioner of the General Land 
Office for consideration, together with report as to the status of the 
tract applied for. 

LOCATION AND ENTRY OF MINERAL LANDS. 

19. The law provides that " any mineral lands in any forest reserva- 
tion which have been or which may be shown to be such, and subject 
to entry under the existing mining laws of the United States and the 
rules and regulations applying thereto, shall continue to be subject to 
such location and entry," notwithstanding the reservation. This 
makes mineral lands in the forest reserves subject to location and 
entry under the general mining laws in the usual manner. 

20. Owners of valid mining locations made and held in good faith 
under the mining laws of the United States and the regulations there- 
under, are authorized and permitted to fell and remove from such 
mining claims any timber growing thereon, for actual mining pur- 
poses in connection with the particular claim from which the timber 
is felled or removed. (For further use of timber by miners, see below, 
under heading "Free use of timber and stone.") 

FREE USE OF TIMBER AND STONE. 

21. The law provides that — 

The Secretary of the Interior may permit, under regulations to be prescribed by 
him, the use of timber and stone found upon such reservations, free of charge, 



Free Use of Timber and Stone. 1 9 

by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, 
fencing, buildings, mining, prospecting, and other domestic purposes, as may be 
needed by such persons for such purposes; such timber to be used within the 
State or Territory, respectively, where such reservations may be located. 

This provision is limited to persons resident in the State or Terri- 
tory where the forest reservation is located who have not a suf&eient 
supply of timber or stone on their own claims or lands for the pur- 
poses enumerated, or for necessary use in developing the mineral or 
other natural resources of the lands owned or occupied by them. 
Such persons, therefore, are permitted to take timber and stone from 
public lands in the forest reservations under the terms of the law 
above quoted, strictly for their individual use on their own claims or 
lands owned or occupied by them within the State or Territor}^ where 
such reservation is located, but not for sale or disposal, or use on other 
lands or by other persons. 

Before any timber or stone can be taken hereunder from the forest 
reserves, the person entitled thereto must first make application to the 
forest supervisor in charge of the reservation, or part of reservation, 
setting forth his residence and post-office address, designating the loca- 
tion, amount, and value of the timber or stone proposed to be taken, 
the place where, and the purpose for which the said timber or stone 
will be used, stating, in case the application is for timber, what saw- 
mill or other agent, if anj^, will be employed to do the cutting, remov- 
ing, and sawing, and pledging that no more shall be cut from the res- 
ervation than he actually needs for bona fide use on his own land or 
claim; and that none shall be sold, disposed of, nor used on any other 
than his own land or claim; and guaranteeing to remove and safely 
dispose of all tops, brush, and refuse cutting beyond danger of fire 
therefrom. Upon receipt of the application, the supervisor will imme- 
diately make investigation of the facts in the case and transmit the 
application, with report and recommendation, to the superintendent 
in charge. If, in his judgment, the application be meritorious, and 
no injury to the forest cover will result from the removal of such tim- 
ber or stone, he will thereupon approve such application, giving the 
party permission to remove the timber or stone under the supervision 
of a forest officer : Provided, That where the stumpage value of the 
timber exceeds 1100, permission must be obtained from the Depart- 
ment, and for this purpose the superintendent, in all such cases, will 
submit the application to the Commissioner of the General Land 
Office, with his recommendation thereon. In case the application be 
approved, the superintendent will be notified and the cutting will be 
allowed, under supervision, as in cases where the amount invoh^ed is 
less than $100. 

Every forest supervisor having charge and supervision of the cut- 
ting of timber under the foregoing regulations will submit quarterly 
reports to the superintendent in charge of the reservation, who will 



20 Sole of Timber. 

promptlj'- forward them to the Commissioner of the General Land 
Office for transmission to the Department, in order that the Secretary 
of the Interior may be advised of the quantity of timber cut and 
whether the privilege granted is being abused. These reports should 
show the names of the persons who have applied, during the quarter, 
for permission to cut timber free of charge, the kind of timber applied 
for, the quantity, the stumpage value of the same, and the purpose 
for which the applicant desired to use it. 

SALE OF TIMBER.^ 

22. The following provision is made for the sale of timber within 
forest reservations in limited quantities: 

For the purpose of preserving the living and growing timber and promoting the 
younger growth on forest reservations, the Secretary of the Interior, under such 
rules and regulations as lieshall prescribe, may cause to be designated and appraised 
so much of the dead, matured, or large growth of trees found upon such forest 
reservation as may be compatible with the utilization of the forests thereon, and 
may sell the same for not less than the appraised value in such (juantities to each 
purchaser as he shall prescribe, to be used in the State or Territory in which such 
timber reservation may be situated, respectively, but not for export therefrom. 
Before such sale shall take place, notice thereof shall be given by the Commissioner 
of the General Land Office, for not less than sixty days, by publication in a news- 
paper of general circulation, published in the county in which the timber is situ- 
ated, if any is therein published, and if not, then in a newspaper of general circu- 
lation published nearest to the reservation, and also in a newspaper of general 
circulation published at the capital of the State or Territory where such reserva- 
tion exists; payments for such timber to be made to the receiver of the local land 
office of the district wherein said timber may be sold, under such rules and regu- 
lations as the Secretary of the Interior may prescribe; and the moneys arising 
therefrom shall be accounted for by the receiver of such land office to the Com- 
missioner of the General Land Office, in a separate account, and shall be covered 
into the Treasury. Such timber, before being sold, shall be marked and desig- 
nated, and shall be cut and removed under the supervision of some person 
appointed for that purpose by the Secretary of the Interior, not interested in the 
purchase or removal of such timber nor in the employment of the purchaser 
thereof. Such supervisor shall make a report in writing to the Commissioner of 
the General Land Office and to the receiver in the land office in which such reser- 
vation shall be located of his doings in the premises. 

The sale of timber is optional, and the Secretary may exercise his 
discretion at all times as to the necessity or desirability of ^wy sale. 

23. While sales of timber may be directed by this Department with- 
out previous request from private individuals, petitions from respon- 
sible persons for the sale of "the dead, matured, or large growth of 
trees" in specified locations will be considered. Such petitions must 
describe the land upon whicli the timber stands by legal subdivisions, 
if surveyed; if unsurveyed, as definitely as possible by stating dis- 
tance and direction from the nearest surveyed land, and stating nat- 



' For modifications of the law and regulations on this subject, see under the 
heading " Sale of timber," on page 36. 



Sale of Timber. 21 

ural landmarks; the character of the country, whether rough, steep 
or mountainous, agricultural or mineral, or valuable chieflj^ for its 
forest growth. If the petition calls for matured green timber, it must 
show on what evidence it is asserted that the trees have attained their 
full growth, and it must be further shown that their removal will tend 
to preserve and promote the life and growth of the younger trees. 

The desired timber should be described, as the case may be, accord- 
ing to the following classification: Standing green; down, not dead; 
standing dead ; and down dead. If any of the desired timber be dead, 
state whether killed by windfall, fire, or other cause. If desired for saw 
timber, state the estimated quantity in feet, board measure, and value 
per thousand feet; state also the number of cords and value per cord 
of the tops and lops of the saw timber. If the entire amount of timber 
to be purchased is desired for cord wood, state the aggregate number 
of cords and value per cord. Of the live timber, state the different 
kinds and estimate the quantity of each kind in trees per acre. Esti- 
mate the average diameter of each kind of timber three feet above the 
ground, and estimate the number of trees of each kind per acre above 
the average diameter. State the number of trees of each kind above 
the average diameter it is desired to have offered for sale, with an 
estimate of the number of feet, board measure, therein, and value 
per thousand feet, and an estimate of the cord wood in the tops and 
lops thereof, and value per cord; or if the entire purchase is to be 
used for cord wood, state the aggregate number of cords and value 
per cord. These petitions must be filed with the supervisor in charge 
of the reservation, or portion of the reservation, wherein the timber is 
situated. Upon receipt of such an application the supervisor will 
attach thereto an indorsement recommending the allowance or dis- 
allowance of the application, stating the reasons on which his recom- 
mendation is based, and immediately forward to the superintendent 
in charge, who will promptly forward the application to this office 
with recommendation. 

24. Upon receipt of an application to purchase timber as above, the 
Commissioner will cause further investigation to be made, if necessary, 
for the purpose of ascertaining all facts to enable intelligent action on 
the case. lie will then transmit the application, with report and 
recommendation, to the Secretary of the Interior for action. 

25. When a sale is ordered the Commissioner will direct the publi- 
cation of notice in accordance with the law above quoted ; and if the 
timber to be sold stands in more than one county, publication will be 
made in each of the counties, in addition to the required general pub- 
lication. The time and place of filing bids and other information 
necessary to a correct understanding of the terms of each sale will be 
given in the notices. Before any notice is published the applicant 
will be required to deposit with the receiver of the local land office a 
sum sufficient to cover the cost of publication. In the event of the 



22 Sole of Timber. 

depositor being the successful bidder this amount will be credited on 
the purchase price of the timber; but in case the timber is awarded 
to another the amount so deposited will be returned. If the appli- 
cant should fail to bid during the time fixed for filing bids, the deposit 
will be retained to pay the cost of advertising. 

26. After a body of timber has been advertised, as above, and no 
sale made, the timber, in whole or in part, may, within one year there- 
after, be sold by the Commissioner of the General Land Office, at pri- 
vate sale, for not less than the appraised value, without further notice 
by publication, and all notices for publication will contain a state- 
ment to this effect. Persons desiring to purchase timber at private 
sale should file application with the supervisor in charge of the res- 
ervation, or part of reservation, in which the timber is situated, 
stating the quantity of timber applied for, its location, the price 
offered, and the fact that the timber has already been advertised, 
giving the date of the advertisement. The supervisor will immedi- 
ately forward such application, with report and recommendation, to 
the superintendent, Avho will promptly forward the application, with 
recommendation, to the Commissioner of the General Land Office. 
The Commissioner will examine the application and forward to the 
Dejjartment, with recommendation, for final action. The superin- 
tendent will be notified by the Commissioner of the action taken, and 
he will, in turn, notify the applicant and the proper supervisor. 

27. The timber will not be sold for less than the appraised value, 
and when a bid or an offer to ijurchase at private sale has been 
accepted, the purchaser will be notified to make payment therefor. 
Payment for all timber purchased must be made to the receiver of 
public moneys for the land district in which the timber is situated. 
In sales in excess of five hundred dollars in value, allotments, at a 
fixed price, may be made to several bidders, to avoid monopoly. The 
right is reserved to reject any or all bids. A reasonable cash deposit, 
to be specified in the published notice, will be required to accompany 
each bid ; and every applicant to purchase at private sale must deposit 
an amount equivalent to twenty per cent, of the value of the timber 
applied for. These deposits must be made with the receiver of pub- 
lic moneys, and, if sale is made, the amount will be credited on the 
purchase price of the timber. If sale is not made, deposits will be 
returned. 

28. Within thirty days after notice to a bidder of an award of 
timber to him, payment must be made in full to the receiver for tlie 
timber so awarded ; or equal payments therefor may be made in thirty, 
sixty, and ninety days from date of such notice, at the option of the 
purchaser. The purchaser must have in hand the receipt of the 
yeceiver for each payment before he will be allowed to cut, remove, or 
otherwise dispose of the timber covered by that payment. The timber 



Sale of Timber. 23 

must all be cut and removed within one year from the date of the 
notice by the receiver of the award; failing to do so, the purchaser 
will forfeit his right to the timber left standing or unremoved and to 
his purchase money: Provided, That the limit of one year herein 
named may be extended by the Secretary of the Interior, in his discre- 
tion, upon the recommendation of the Commissioner of the General 
Land Office, and upon good and sufficient reasons being shown therefor. 

29. Ample notice must be given by the purchaser, to the supervisor, 
of the proposed date of cutting and removal of the timber, in order 
that an officer may be designated to superintend the cutting. Instruc- 
tions as to disposition of tops, brush, and refuse, to be given through 
the supervisors in each case, must be strictly complied with, as a con- 
dition of said cutting and manufacture. 

30. The act provides that the timber sold shall be used in the State 
or Territory in which the reservation is situated, and it is not to be 
exported therefrom. Where a reservation lies in more than one State 
or Territorj^, this requires that the timber shall be used in the State 
or Territory where cut. 

31. Receivers of public moneys will issue receipts in duplicate for 
moneys received in payment for timber, one of which will be given 
the purchaser, and the other will be transmitted to the Commissioner 
of the General Land Ofi&ce in a special letter, reference being made 
to the letter from the Commissioner authorizing the sale, by date and 
initial, and with title of case as therein named. Receivers will 
deposit to the credit of the United States all such moneys received, 
specifying that the same are on account of sales of public timber on 
forest reservations under the act of June 4, 1897. A separate 
monthly account current (Form 4-105) and quarterly condensed 
account (Form 4-104) will be made to the Commissioner of the Gen- 
eral Land Office, with a statement in relation to the receipts under 
the act as above specified. 

32. Where timber has been appraised and advertised for sale and 
no satisfactory bid has been offered, a new appraisement and sale 
may be ordered after the lapse of one year, if, within that time, no 
application to purchase said timber at private sale, for not less than 
the appraised value, has been made. 

33. Special instructions will be issued for the guidance of officials 
designated to examine and appraise timber, to supervise its cutting 
and removal, and for carrying out other requirements connected 
therewith. 

BiNGER Hermann, 

Commissioner. 
Approved April 4, 1900. 

E. A. Hitchcock, Secretary. 



24 Relinquishment of Claims^ etc. — Circular of December 18, 1899. 

EXCHANGE OF BELINaUISHED CLAIMS AND PRIVATE HOLDINGS 
WITHIN FOREST RESERVES FOR OUTSIDE TRACTS. 

I. Act of June 4, 1897; 30 Stat., 36 (see page 9). 

Exchange of tracts authorized by. 

Regulations under, governing exchange of tracts are con- 
tained in circular issued April 4, 1900 (see page 17), and 
in the following circulars and decisions: 

[Circular.] 

FOREST RESERVES. 

[Lieu Lands Selections, Act June 4, 1897 (30 Stat., 36).] 

Department of the Interior, 

General Land Office, 
Washington, D. C, December 18, 1899. 
Registers and Receivers, United States Land Offices. 

Gentlemen: Your attention is called to a decision by the honor- 
able Secretary of the Interior, dated April 2%, 1899, addressed to this 
office, which reads as follows, to wit : 

The Department is in receipt of your communications of December 7 and 13, 
1898, relative to applications now pending in your office to exchange lands within 
the limits of public forest reservations for public lands outside such reservations, 
under the following provisions of the act of June 4, 1897 (30 Stat., 11, 36) : 

"That in cases iu which a tract covered by an unperfected bona fide claim or 
by a patent is included within the limits of a public forest reservation, the set- 
tler or owner thereof may, if he desires to do so, relinquish the tract to the Gov- 
ernment, and may select in lieu thereof a tract of vacant land open to settlement 
not exceeding in area the tract covered by his claim or patent; and no charge 
shall be made in such cases for making the entry of record or issuing the patent 
to cover the tract selected: Provided fni^ther, That in cases of unperfected claims 
the requirements of the laws respecting settlement, residence, improvements, and 
so forth, are complied with on the new claims, credit being allowed for the time 
spent on the relinquished claims." 

Calling attention to a circular addressed to registers and receivers, issued August 

II, 1898, by your office, without the approval of the Secretary of the Interior, and 
also referring to page 89 of your annual report for the year ending June 30, 1898, 
you ask (1) whether lands within the limits of forest reservations must be agri- 
cultural in character in order to be made basis for lieu selections under the fore- 
going provision of the act, (2) whether the claim or title thereto must have been 
initiated or acquired under the settlement laws of the United States, and (3) 
whether timber land acquired by purchase under the act of June 3. 1878 (20 Stat., 
89), but since denuded of its timber, and land acquired under a grant made to a 
State or a railroad company by act of Congress can be made basis for such lieu 
selections. 

As to the first question, if by agricultural lands you mean lands the claim or 
patent to which is not based upon the mining laws of the United States, the ques- 
tion is answered in the affirmative. That the statute does not contemplate and 
therefore does not authorize the relinciuishment or surrender of mineral lands as 
basis for the making of lieu selections, is shown by the provisions therein that — 

"Nor shall anything herein prohibit any person from entering upon such for- 
est reservations for all proper and lawful purposes, including that of prospecting, 



Belinquishment of Claims, etc. — Circular of December 18, 1899. 25 

locating, and developing the mineral resources thereof: Provided, That such per- 
sons comply with the rules and regulations covering such forest reservation." 

* ****** 

* * * .'And any mineral lands in any forest reservation which have been 
or which may be shown to be such, and subject to entry under the existing min- 
ing laws of the United States and the rules and regulations applying thereto, 
shall continue to be subject to such location and entry, notwithstanding any jiro- 
visions herein contained." 

All other lands included within the limits of a public forest reservation are 
subject to relinquishment as basis for lieu selections, if claimed or owned as 
stated in the statute. 

As to the second question, if by settlement laws you mean such laws as make 
personal settlement and residence upon the tract sought to be acquired a neces- 
sary condition to obtaining title, as in the case of the preemption and homestead 
laws, the question is answered in the negative. That which may be relinquished 
is described as " a tract covered by an unperfected bona fide claim or by a patent," 
and is believed to include any tract covered by any unperfected bona fide claim 
under any of the general land laws (except the mining laws) of the United States, 
or to which the full legal title has passed out of the Government and beyond the 
control of the land department by any means which is the full legal equivalent 
of a patent. The thing which was objectionable to the forest reservation policy 
was the presence within the limits of a forest reservation of lands held and con- 
trolled by individual claimants or owners. Whether the claim or ownership was 
initiated or acquired under the homestead statute, which is a settlement law, or 
under the timber land purchase act, which is not a settlement law, its presence 
is equally an obstacle to the attainment of the purpose for which the forest reser- 
vation was established. In both cases the reservation of the surrounding lands 
is equally prejudicial to the interests of the claimant or owner. 

As to the third question, the answer is in the affirmative, subject to the quali- 
fications that where the land is claimed under a grant made to a State or a railroad 
company by an act of Congress, the full legal title must have passed out of the 
Government and beyond the control of the land department by a patent, or by 
some means which is the full legal equivalent thereof. Where under the timber 
land liurchase act, or indeed under any other statute, one has acquired land hav- 
ing valuable timber thereon and has removed the timber, in pursuance of a lawful 
right so to do, the removal of the timber does not affect his ownership of the land, 
and if it be included within the limits of a public forest reservation does not 
deprive him or the Government from receiving the benefit incident to a relinquish- 
ment of that land, and a selection of other land outside the limits of the forest 
reservation in lieu thereof. The statute does not make it a condition to the 
exchange therein authorized that the tract within the forest reservation should 
have retained its original and natural condition. 

You will please formulate and submit to the Department circular instructions 
to the local land officers revoking the circular issued by your office August 11, 
1898, and also embodying the views expressed herein, and in the decisions of the 
Department in the cases of F. A. Hyde et al. (28 L. D., 284) and Emil S. Wangen- 
heim (28 L. D. , 291). Action upon all applications for lieu lands under said act 
will be withheld until the circular instructions are adopted. 

The decision in the case of Hyde et al., supra, holds that — 

Where an exchange of land is sought under the act of June 4, 1897, the relin- 
quishment and selection can be made only by the claimant or owner of the land 
within the limits of the forest reservation. 

Unsurveyed as well as surveyed land, which is vacant and open to settlement, 
may be selected under said act. 

The words "tract covered * * * by a patent," as used in said act, embrace 
and include a tract to which the full legal title has passed out of the Government 



26 Relmquishment of Claims, etc.-Circular of Decemher 18, 1899. 

and beyond the control of the land department by any means which is the full 

leeal equivalent of a patent. , ^, , 4. v.„ 

Before a selection under said act can be approved, the United States must be 
reinvested with all the right and title to the tract relinquished, with which it had 
previously parted. 

Tlie decision in the case of Wangenheim, supra, holds that— 
In an exchange of lands under the act of June 4, 1897, where title to the land 
relinquished ha^ passed out of the Government, or where certificate for patent 
thereto hasissued, the selection may embrace contiguous or noncontiguous tracts, 
if in the same land district; but if the land relin.iuished is covered by an unper- 
fected claim, to which certificate for patent has not been issued, and the law under 
which said claim was initiated requires that land taken thereunder must be m 
one body, the same requirement must be observed in making the lieu selection. 

Every selection of unsurveyed land must designate the same accord- 
ino- to the description by which it will be known when surveyed, if 
that be practicable, or, if not practicable, must give, with as much 
precision as possible, the locality of the tract with reference to known 
landmarks, so as to admit of its being readily identified when the 
lines of public survey come to be extended; and the selection must 
be made to conform to such survey within thirty days from notice, by 
the local office, to the party making the selection, of the receipt at 
the local land office of the approved plat of the survey of the town- 
ship embracing such tract. 

Selections of unsurveyed lands will in no event be passed to patent 
until after the lands have been surveyed, nor until after the expira- 
tion of four months from the date of receipt at the local land office of 
the approved plat of survey of the township embracing the lands 
selected; and selections of surveyed lands will not be passed to patent 
until after the expiration of four months from the date of selection. 
The purpose of the preceding paragraph is, in all instances, to give 
settlers or other claimants, if any there be, at the time of selection, 
ample opportunity to lawfully assert their claims or file their protests 
in the local office and to afford time for the local officers to advise the 
Commissioner of the General Land Office of such adverse claims before 
the time arrives for issuing patent under the selection. 

In selections of surveyed land which has been returned as mineral, 
or which is within six miles of any mining claim, and in all selections 
of unsurveyed land, notice of the selection, commencing withm twenty 
days thereafter, must be given, for a period of thirty days, by post- 
ing upon the land and in the local land office, and by publication at 
the cost of the applicant in a newspaper designated by the register as 
of general circulation in the vicinity of the land and published near- 
est thereto Where the selection embraces noncontiguous tracts the 
notice must be posted upon each tract; but such notice will not be 
required in any case where the selection is in lieu of " a tract covered 
by an unperfected bona fide claim," viz: A tract the title to which 
has not passed out of the United States or for which patent certificate 
has not issued. Notice under this paragraph will not be required in 



Relinquishment of Claims, etc. — Circular of December 18, 1899. 27 

any case of selections in States wherein the United States mining 
laws are not operative. 

In all cases relinqnishments made in pursnance of said act must be 
executed, acknowledged, and recorded in the same manner as convey- 
ances of real i^roperty are required to be executed, acknowledged, and 
recorded by the laws of the State or Territory in which the land is sit- 
uated. Where the legal title to the land has passed out of the United 
States, there must also be filed with the relinquishment a duly certified 
abstract of title showing that at the time the relinquishment was filed 
for record the legal title was in the party making the relinquishment 
and that the land was free from liability for taxes and from other 
incumbrance. In case the land relinquished is covered by an unper- 
fected bona fide claim, to which certificate for patent has not issued, 
there must be filed a certificate by the recorder of deeds or official 
custodian of the records of transfers of real estate in the proper 
county that no instrument purporting to convey or in any w^ay 
incumber the title to the land or any part thereof is on file or of 
record in his ofl&ce, or if any such instrument or instruments be on 
file or of record therein, the certificate must show the facts; and in 
case certificate for patent to such land has been issued there must 
also be filed the certificate of the receiver of taxes for the proper 
county showing that the land is free from all liabilitj" for taxes. 

Relinquishments by individuals of lands to which the legal title 
has passed out of the United States or to which certificate for patent 
has issued must also be executed by the wife of the claimant, if he 
have one, in such manner as will effectually bar any dower, home- 
Stead, or other interest on her part in or to the lands relinquished. 

The forms of application (4—634 and 4—643), copies herewith, should 
be used in the classes of cases to which they respectivel}' apply. Other 
forms will be prepared and furnished you by this office as occasion 
may seem to require. 

The circulars of August 11, 1808, May 9, 1899, and November 15, 1899, 
under said act, are hereby revoked and this is substituted in their stead. 
Very respectfully, Binger Hermann, 

Commissioner. 

Approved December 18, 1899. 

Thos. Ryan, Acting Secretary. 

Where an exchange of land is sought under the act of June 4, 1897, 
the relinquishment and selection can be made onlj^ by the claim- 
ant or owner of the land within the limits of the forest reservation. 
(F. A. Hyde et al. ; 28 L. D., 284.) 

The words " tract covered * * * by a patent," as used in said act, 
embrace and include a tract to which the full legal title has passed 
out of the Government and beyond the control of the Land 
Department by any means which is the full legal equivalent of a 
patent. (F. A. Hyde et al. ; 28 L. D., 284.) 



28 Relinquishment of Claims, etc. 

Before a selection under said act can be approved, the United States 
must be reinvested with all the right and title to the tract relin- 
quished, with which it had previously parted. (F. A. Hyde etal. ; 
28 L. D., 284.) 

The act of June 4, 1897, in providing for an exchange of lands within 
forest reservations for public lands outside of said reservations 
does not authorize the relinquishment of mineral lands as a basis 
for lieu selections. (Instructions; 28 L. D., 328.) 

The right of relinquishment under said act is not limited to claims 
initiated or titles acquired under laws that require personal settle- 
ment and residence on the land, but includes any tract covered by 
any unperfectedbona fide claim under any of the general land laws 
(other than the mining laws), or to which the full legal title has 
passed out of the Government and beyond the control of the Land 
Department, by any means which is the full legal equivalent of a 
patent. (Instructions; 28 L. D., 328.) 

The removal of timber, in pursuance of a lawful right from land 
acquired under statutory authority, does not deprive the owner of 
said land or the Government from receiving the benefit incident to 
an exchange of lands as provided for in said act. (Instructions; 
28 L. D., 328.) 

Land acquired under a grant made to a State, or railroad company, 
by act of Congress, is a proper basis for lieu selections under said 
act, provided that the full legal title thereto has passed out of 
the Government and beyond the control of the Land Department 
by patent, or some means the full legal equivalent thereof. 
(Instructions; 28 L. D., 328.) 

In an exchange of lands under the act of June 4, 1897, where title to 
the land relinquished has passed out of the Government, or where 
certificate for patent thereto has issued, the selection may embrace 
contiguous or noncontiguous tracts, if in the same land district; 
but if the land relinquished is covered by an unperfected claim, to 
which certificate for patent has not issued, and the law under which 
said claim was initiated requires that land taken thereunder must 
be in one body, the same requirement must be observed in making 
the lieu selection. (Emil S. Wangenheim; 28 L. D., 291.) 

The right of lieu selection under the act of June 4, 1897, is expressly 
restricted to ' ' vacant land open to settlement, " and hence can not be 
allowed where the land applied for is embraced within an existing 
forest reservation, established by proclamation of the President 
under section 24, act of March 3, 1891. (E. S. Gosney ; 29 L. D. , 593. ) 

The act of June 4, 1897, with respect to lieu land selections, was 
intended to provide for extinguishing private title to such lands 
only as would be a part of an established forest reservation if it 
were not for their private ownership. (Santa F6 Pacific Ry. Co. ; 
29L.D.,597.) 



Belinquishment of Claims, etc. 29 

A homestead entry covering lands within the limits of a forest reser- 
vation, of record at the date of the proclamation establishing the 
reservation, is effective to except the lands covered thereby from 
the effect of the proclamation only so long as the entryman con- 
tinues to comply with the law. On the relinquishment of the 
entry the exception declared in the proclamation ceases to be oper- 
ative and the lands at once become a part of the reservation and 
consequently, can not form a basis for a selection in lieu of forest 
reserve lands. (E. S. Gosney; 30 L. D., 44.) 

The requirement of posting and publication of notice, under the cir- 
cular regulations of December 18, 1899, in the case of a lieu selec- 
tion under the act of June 4, 1897, is not applicable to a selection 
theretofore regularly accepted and approved. (A. J Harrell- 20 
L. D., 553.) 

Lands granted to railroad companies can not be made bases for lieu 
selections under the act of June 4, 1897, except in cases where the 
full legal title to such lands has passed out of the Government and 
beyond ihe control of the Land Department, by a patent, or by 
some means which is the full legal equivalent thereof. (Instruc- 
tions; 29 L. D., 594.) ^ 

A relinquishment tendered under the act of June 4, 1897, of land 
embraced within a forest reservation, with a view to a selection 
of lands in lieu thereof, should not be accepted in the absence of 
an accompanying application to make such selection (William 
S. Tevis; 29 L. D., 575.) 

A person relinquishing land in a forest reservation, with a view to 
making a selection in lieu thereof, under the act of June 4, 1897 
should, at the time of such relinquishment, designate the land 
which he desires in lieu of that relinquished, and such designa- 
tion should embrace a tract or tracts equal in area to that relin- 
quished. (Instructions; 29 L. D., 578.) 

Directions given for the disposition of cases where relinquishments 
have been presented with selections in partial satisfaction only of 
the claim under the relinquishment. (Instructions; 29 L D 578) 

A selection under the act of June 4, 1897, in lieu of land within a 
forest reservation, embraced within a patent, or patent certificate, 
may be made by a duly authorized attorney in fact. As to selec- 
tions in heu of unperfected claims, the right to act through 
another depends upon the law under which the claim is held 
(Instructions; 29 L. D., 580.) 

If a selection is in lieu of land covered by a patent, or patent certifi- 
cate the nonmineral affidavit may be made by any credible per- 
son having the requisite personal knowledge of the premises In 
the case of a selection in lieu of an unperfected claim, the non- 
mineral affidavit should be made as required in the law under 
which the claim is held. (Instructions, 29 L. D., 580 ) 



30 Relinquishment of Claims, etc. — Circular of July SI, 1900. 

The act of June 4, 1897, makes no provision for the issuance of scrip 
on the relinquishment of lands included within forest reserva- 
tions. (Opinion, 28 L. D., 472.) 
The provisions made in said act for an exchange of land included within 
forest reservations, and covered hy an unperfected bona fide claim 
or by patent, are applicable only to forest reservations established 
by executive action under section 24, act of March 3, 1891, and 
do not extend to reservations, or national parks, created by special 
acts of Congress. (Opinion, 28 L. D., 472.) 
An application to select lands under the act of June 4, 1897, must be 
rejected where the lands offered as a basis for such selection are 
in any manner encumbered, so that the United States can not, by 
the acceptance of a relinquishment of the lands offered, be rein- 
vested with all the right and title with which it had previously 
parted. (Edgar A. Coffin, 30 L. D., 15.) 
By relinquishment and reconveyance to the United States, under the 
exchange provisions of the act of June 4, 1897, of lands within the 
limits of a forest reserve, and the selection of other lands in lieu 
thereof, the party making such relinquishment and selection 
acquires a right to have the selection approved, if there is other- 
wise no objection thereto, of which he can not be divested by the 
subsequent elimination from the boundaries of the forest reserve 
of the lands in lieu of which the selection is made. (Gideon F. 
McDonald, 30 L. D., 124.) 
Approximation of Areas. 

There is no authority for applying the rule of approximation per- 
mitted in entries under the homestead and other laws to cases 
of exchange of lands under the act of June 4, 1897; but the rule 
that ' ' a slight difference in the acreage of the tract relinquished 
and selected will not be deemed an inequality in quantity," 
may be followed in proper cases arising under the exchange 
provisions of said act. (Opinion, 30 L. D., 105.) 

[Circular.] 

Department of the Interior, 

General Land Office, 
Waslmigton, D. C, July SI, 1900. 
Registers and Receivers, United States Land Offices. 

Gentlemen: In the matter of forest-reserve lieu selections, act 
June 4, 1897 (30 Stat., 36), your attention is called to the fact that on 
July 11, 1900, the Department decided that the rule of approximation 
laid down in the cases of Julius Cramm (17 L. D., 205) and Henry P. 
Sayles (22 L. D., 88) is not applicable to such selections, and that the 
receipt of any money tendered in payment of excessive area in the 
tract or tracts selected over the relinquished or reconveyed land is not 
authorized by the said act. 



Relinquishment of Cla ims, etc. — Act of June 6, 1900 {31 Stat. , 614) • 3 1 

In said decision the Department further hokis that — 
Paragraph 11 of the regulations under the provisions of the act of July 1, 1898 
(30 Stat.. 597), for the adjustment of conflicting claims to lands within the limits 
of the grant to the Northern Pacific Railroad Company, was prepared to meet 
conditions similar to those under the act of 1897 (supra), 

and that the same may be followed in proper cases arising under said act. 
The said paragraph reads as follows : 

Selections will be limited to a quantity of land not exceeding that relinquished, 
but since all selections must be according to legal subdivisions which generally 
approximate but do not always embrace the same area, a slight difference in the 
acreage of the tract relinquished and selected will not be deemed an inequality in 
quantity. 

You will therefore govern your action in the premises accordingly. 
Very respectfully, 

BiNGER Herman, 

Commissioner. 
II. Act of June 6, 1900 (31 Stat., 614). 

Amends the lieu selection provisions in the act of June 4, 1897 
(30 Stat., 36). 

[Act of June 6, 1900 (31 Stat., 6U). 

Chap. 791. — An act making appropriations for sundry civil expenses of the Gov- 
ernment for the fiscal year ending June thirtieth, nineteen hundred and one, 
and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress G,ssem- ^^^p^^^Jp^^^- 
bled, That the following sums be, and the same are here- ^ivii expenses. 
by, appropriated, for the objects hereinafter expressed, 
for the fiscal year ending June thirtieth, nineteen hun- 
dred and one, namely: 

That all selections of land made in lieu of a tract cov- land ^Si^ii^u of 
ered by an unperfected bona fide claim, or by a patent, \^y°^l unp^Jr*^ 
included within a public forest reservation, as provided cfa^f e^tc"* ^^^ 
in the act of June fourth, eighteen hundred and ninety- 
seven, entitled "An act making appropriations for sun- 
dry civil expenses of the Government for the fiscal year 
ending June thirtieth, eighteen hundred and ninety-eight, 
and for other purposes," shall be confined to vacant sur- 
vej^ed nonmineral public lands which are subject to home- 
stead entry not exceeding in area the tract covered by 
such claim or patent: Provided, That nothing herein Provisos. 
contained shall be construed to affect the rights of those to make seiec- 
who, pre\ious to October first, nineteen hundred, shall 
have delivered to the United States deeds for lands with- 
in forest reservations and make application for specific 
tracts of lands in lieu thereof: 



32 Circular of June 21, 1900 — School Lands — Agricultural Lands. 
Instructions have been issued under this act as follows : 

[Circular.] 

Department of the Interior, 

General Land Office, 
Washi7igto7i, D. C, June 21, 1900. 
Registers and Receivers, United States Land Offices. 

Gentlemen: You are advised that on and after October 1, 1900, 
lieu selections under the act June 4, 1897 (30 Stat., 36), will be con- 
fined to surveyed lands. See act making appropriations for sundry 
civil expenses for fiscal year ending June 30, 1901, "Public — No. 163." 
Acknowledge receipt hereof. 

Very respectfully, Binger Hermann, 

Commissioner. 

SCHOOL LANDS IN FOREST RESERVES. 

Where a forest reservation includes within its limits a school section 
surveyed prior to the establishment of the reservation, the State, 
under the authority of the first proviso to section 2275, Revised 
Statutes, as amended by the act of February 28, 1891, may be 
allowed to waive its right to such section and select other land in 
lieu thereof. 

The decision herein of December 27, 1894, 19 L. D., 585, recalled and 
vacated. 

Instructions of December 19, 1893, 17 L. D., 576,'modified. (State of 
California, 28 L. D., 57.) 

By the act of June 21, 1898, a grant, in pro'senti, of school lands is 
made to the Territory of New Mexico; and under the provisions 
of section 2275, Revised Statutes, as amended by the act of Feb- 
ruary 28, 1891, said Territory may relinquish its claim to such 
school sections as it may be entitled that are included within the 
limits of a forest reserve, and select other lands in lieu thereof. 
(Territory of New Mexico, 29 L. D., 365.) 

ELIMINATION OF AGRICULTURAL LANDS. 

Act of June 4, 1897; 30 Stat., 36. (See page 9.) 

Authorizes elimination from forest reservations of lands found 
to be better adapted for agricultural purposes than for forest 
uses. 

If agricultural lands are improvidently included in a forest res- 
ervation, they can be eliminated therefrom only by a procla- 
mation of the President or by the action of Congress, and, 
until so eliminated, such lands will continue a part of the 

reservation. (E. S. Gosney, 30 L. D., 44.) 
* * * * * * * 

Relative to the authority of the President to establish forest reser- 
vations and to the character of the land which may be embraced 



Elimination of Agricultural Lands. 33 

therein, section 24 of the act of March 3, 1891, supra, and the pro- 
visions of the act of June 4, 1897, supra, bearing thereon, l)eing in 
pari materia, must be construed together to ascertain the intention of 
Congress in the premises. In said section 24 it is provided: 

That the President of the United States may, from time to time, set apart and 
reserve, in any State or Territory having public land bearing forests, in any part of 
the public lands wholly or in part covered with timber or undergrowth, whether of 
commercial value or not, as public reservations, and the President shall, by public 
proclamation, declare the establishment of such reservations and the limits thereof. 

In tlie said act of Juno 4, 1897, it is provided that — 

No public forest reservation shall be established, except to improve and protect 
the forest within the reservation, or for the purpose of securing favorable conditions 
of water flows, and to furnish a continuous supply of timber for the use and neces- 
sities of citizens of the United States; but it is not the purpose or intent of these 
provisions, or of the act providing for such reservations, to authorize the inclusion 
therein of lands more valuable for the mineral therein, or for agricultural purposes, 
than for forest purposes. 

And that— 

Upon the recommendation of the Secretary of the Interior, with the approval of 
the President, after sixty days' notice thereof, published in two papers of general 
circulation in the State or Territory wherein any forest reservation is situated, and 
near the said reservation, any public lands embraced within the limits of any 
forest reservation which, after due examination by personal inspection of a com- 
petent person appointed for that purpose by the Secretary of the Interior, shall be 
found better adapted for mining or for agricultural purposes than for forest usage, 
may be restored to the public domain. 

The President is hereby authorized at any time to modify any Executive order 
that has been or may hereafter be made establishing any forest reserve, and by 
such modification may reduce the area or change the boundary lines of such 
reserve, or may vacate altogether any order creating such reserve. 

A very large discretion is evidently lodged in the President by these 
statutory provisions. His judgment is to be guided and controlled 
only along general lines. In the said legislation of 1891 practically no 
limit is placed upon the exercise of his authority to establish forest 
reservations from time to time except that the lands reserved must be 
" public lands wholly or in part covered with timber or undergrowth," 
In the act of 1897 his authority is further limited only to the extent 
of the declaration therein of the purposes of such legislation, and that 
the inclusion in forest reservations "of lands more valuable for the 
mineral therein, or for agricultural purposes, than for forest pur- 
poses " is not intended to be authorized thereby. Recognizing that 
lands "better adapted for mining or for agricultural purposes than 
for forest usage " had already been and might thereafter be included 
in such reservations, that act made provision for their elimination 
when ascertained as therein directed. 

The language quoted in the two instances immediately preceding is 
worthy of particular notice. It is not simply lands that are merely 
9372—00 3 



34 Eliminaiion of Agricultural Lands. 

agricultural in character that are not to be included in forest reserva- 
tions, or, if included, may be restored to the public domain, but 
"lands more valuable * * * for agricultural purposes than for 
forest i^urposes," or '"for forest usage." The language used, it is 
evident, was carefully and wisely chosen. In determining whether 
any particular tract or body of land ought to be included in a forest 
reservation, or, if included, ought to be eliminated therefrom, its 
value to the reservation for forest purposes or for purposes of a reser- 
vation generally, and the effect of its omission or elimination there- 
from are to be weighed against its value for agricultural purposes. 
Its relative position in the proposed or existing reservation may be 
of much importance in such determination. If immediately within 
the reservation boundary, for instance, its separation from the reser- 
vation might be a matter of small concern ; but if at some distance 
within the reservation, and especially if many tracts be thus elimi- 
nated, the consequences thereof might, and probably would be, very 
injurious, affecting not only the integrity of the reservation, but its 
maintenance and control, and perhaps eventually rendering abortive 
the purposes for which it was established. Considerations like these 
may render tlie nature of the soil of such tracts or bodies of land, or 
their condition as to the growth of trees or other vegetation theeron, of 
minor importance in the determination; and when the tract is small, 
consisting of but 40 acres, and far within the limits of the lands 
reserved, as in the jiresent instance, the mere fact that it might be 
nearly or even entirel}^ devoid of timber and distinctly agricultural 
land would not, under ordinary circumstances, if otherwise subject 
to inclusion in a forest reservation, justify its exception or elimina- 
tion therefrom. 

It was not intended by the act of June 4, 1807, to exclude from reser- 
vation small tracts, here and there, within the limits of a forest 
reservation, because of the fact that said tracts were not covered 
with timber. (Jared Woodbridge, 29 L. D., 531.) 

While lands embraced within a forest reservation may be excluded, 
because sliown to be more valuable for agricultural than for forest 
purposes, until formally restored to the public domain such lands 
are not subject to general disposition, and no rights can be acquired 
by the attempted entry thereof. (Jared Woodbridge, 29 L. D., 531.) 

Lands within the limits of a forest reserve, which at the date of its 
establishment are covered by a lawful preemption filing of i-ecord, 
are excepted from such reserve subject to claimant's continued com- 
pliance with law; but in the event of the cancellation of sucli filing 
the land at once becomes a part of the reserve. (John E. Henry, 30 
L. i)., 158.) 



Mineral Lands — Coal Lands — Free Use of Timber and Stone. 35 

MINERAL LANDS WITHIN FOREST RESERVES. 

Act op June 4, 1807; 30 Stat., 36. (See page 0.) 

Makes mineral lands in forest reserves subject to location and 
entry under the general mining laws in the usual manner. 
(See circular of April 4, 1000, page 18.) 

Coal Lands. 

The words, "the existing mining. laws of the United States," 
are to be construed, in legislative enactments, as em- 
bracing sections 2347 to 2352, inclusive, of the Revised 
Statutes, commonly known as the coal land law, unless 
an intention to the contrary is expressed. (T. P. Crow- 
der, 30 L. D., 02.) 

Coal lands are mineral lands within the meaning of the act 
of June 4, 1897, and as such are subject to entrj^ when 
found in forest resei'vations, the same as other mineral 
lands within such reservations. (T. P. Crowder, 30 L. D., 
92.) 

COAL LANDS WITHIN FOREST RESERVES. 

(See "Mineral Lands within Forest Reserves.") 

FREE USE OF TIMBER AND STONE. 

Act of June 4, 1807; 30 Stat., 35. (See page 9.) 
Contains the following provision : 

The Secretary of the Interior may permit, under regulations to 
be prescribed by him, the use of timber and stone found upon 
such reservations, free of charge, by bona fide settlers, 
miners, residents, and prospectors for minerals, for firewood, 
fencing, buildings, mining, prospecting, and other domestic 
purposes, as maj^ be needed by such persons for such pur- 
poses; such timber to be used within the State or Territorj^ 
respectively, where such reservations may be located. 

Regulations under, governing the free use of forest reserve tim- 
ber, are contained in circular of April 4, 1900. (See page 18.) 

No authority to permit free use of forest reserve timber by cor- 
porations, municipal or otherwise. See departmental deci- 
sion as follows: 

Department of the Interior, 

Wasliington, June 25, 1000. 
The C'ommissioner of the General Land Office. 

Sir: By your oflice letter "P" of the 20th instant, you submitted 
for my consideration an apjjlication by the board of county commis- 
sioners of Uintah County, Utah, dated at Vernal in said State, May 



36 Free Use of Timber and Stone — Sale of Timber. 

24, 1900, for permission to cut 65,000 feet of timber, board measure, 
of the total value of $42.25, estimated at 65 cents per thousand feet 
from trees of mature growth on certain lands within the limits of the 
Uintah Forest Reserve, and for permission to have said timber manu- 
factured into lumber at the Griffin sawmill within said reserve, said 
timber being desired for use in the county court-house now in process 
of erection at Vernal, the county seat of said county, said applica- 
tion accompanied by the letter of the forest supervisor, George F. 
Bucher, and the forest superintendent, W. T. S. May, recommending 
the granting of said aijplication. 

The petition, as presented, is for j^ermission to cut said timber, free 
of charge for the purpose named. There is no authority under the 
law or the regulations of this Department to permit the free use of tim- 
ber in forest reservations by corporations, municipal or otherwise. 

The i^etition is therefore rejected. * * * 
Very respectfully, 

E. A. Hitchcock, 

Secretary. 

Free Use of Forest Reserve Timber is a Personal Privilege, 

Under the regulations of the Department, this (the free use of 
forest reserve timber) is a personal privilege, and it will not 
be permitted to be used for commercial purposes. (Secretary 
to Commissioner of the General Land Office, October 29, 1900, 
in cases of Crandell, Evans and Garcia, Black Mesa Forest 
Reserve, Arizona. ) 

SALE OF TIMBER. 

I. Act of June 4, 1897; 30 Stat., 35. (See page 12.) 

Makes provision for the sale of timber within forest reserves in 

limited quantities. 
Regulations under, governing sales of timber, are contained in 

circular of April 4, 1900. (See page 20.) 

II. Act of June 6, 1900 (31 Stat., 661). 

Amends the act of June 4, 1897 (30 Stat., 35). 
The full text of the act of June 6, 1900, is as follows: 

[Act of June 6, 1900 (31 Stat., (Mil )]. 

Chap. SGi. — AN ACT to amend chapter two of the laws passed by the first session 
of the Fifty-fifth Congress of the United States, being an Act entitled 'An Act 
making appropriations for sundry civil expenses of the Government for the fiscal 
year ending June thirtieth, eighteen hundred and ninety-eight, and for other 
purposes," approved June fourth, eighteen hundred and ninety-seven. 

Be it enacted by the Senate and House of Representatives 

of the United States of America in Congress assembled., 

Apprais'k'i and That chapter two of the laws of the first session of the 

tfmber'^*'''*^'''*''' Fifty-fifth Congress, being an Act entitled "An Act mak- 



Sale of Timber. 



37 



ing: appropi-iations for sundry civil expenses of the Gov- 
ernment for the fiscal year ending June thirtieth, eighteen 
hundred and ninety-eight, and for other purposes," ap- 
proved June fourth, eighteen hundred and ninety-seven, 
be, and the same is hereby, amended by striking out the 
following words where the same appear in said Act, com- 
mencing with the word "Before," in line thirty-six, on 
page thirty-five of volume thirty of the United States 
Statutes at Large, and ending with the word "exists," in 
the forty-third line of said volume and page, as follows: 
"Before such sale shall take place notice thereof shall be 
given by the Commissioner of the General Land Office, for 
not less than sixty days, by j)ublication in a newspaper 
of general circulation j)ublished in the county in which 
the timber is situated, if any is therein published, and if 
not then in a newspaper of general circulation published 
nearest to the reservation, and also in a newspaper of gen- 
eral circulation published at the capital of the State or 
Territory where such reservation exists," and insert in 
lieu thereof the following : ' ' Before such sale shall take 
place notice thereof shall be given by the Commissioner 
of the General Land Office, for not less than thirty days, 
by publication in one or more newspapers of general circu- 
lation, as he may deem necessary, in the State or Terri- 
tory^ where such reservation exists: Provided, hoivever, 
That in cases of unusual emergency the Secretary of the 
Interior maj^ in the exercise of his discretion, permit the 
purchase of timber and cord wood in advance of adver- 
tisement of sale at rates of value approved by him and 
subject to payment of the full amount of the highest bid 
resulting from the usual advertisement of sale : Provided 
further, That he may, in his discretion, sell without adver- 
tisement, in quantities to suit applicants, at a fair appraise- 
tfnent, timber and cord wood not exceeding in value one 
hundred dollars stumpage: And provided further, That 
in cases in which advertisement is had and no satisfactory 
bid is received, or in cases in which the bidder fails to 
complete the purchase, the timber may be sold, without 
further advertisement, at private sale, in the discretion 
of the Secretary of the Interior, at not less than the ap- 
praised valuation, in quantities to suit purchasers : And 
provided further, That the provisions of this Act shall not 
apply to existing forest reservations in the State of Cali- 
fornia, or to reservations that may be hereafter created 
within said State." 



Vol. 30, p. 35 
amended. 



Notice of sale. 



Provisos. 

Emergency, 
etc., sales in ad- 
vance of adver- 
tisement. 



Private sale 
where bid un- 
satis facto r y, 
etc. 



California for- 
est reservations 
excepted. 



38 Pasturing of Live Stoclc. 

PASTURING OF LIVE STOCK. 

Act of June 4, 1897; 30 Stat., 35. (See page 9.) 

Under the authority granted the Secretarj- of the Interior 
therein, to regulate the occupancy and u,se of forest reserva- 
tions, the following regulations have been prescribed respect- 
ing the pasturing of live stock : 

[Circular.] 

Amendment to the Rules and Regulations GtOVerning 
Forest Reserves. 

Department of the Interior, 

General Land Office, 
Washington, D. C, July 5, 1900. 
Paragraph 13 of the Rules and Regulations Governing Forest 
Reserves, issued April 4, 1900, is hereby amended so as to read as 
follows : 

pasturing of live stock. 

13. The pasturing of sheep and goats on the public lands in the 
forest reservations is prohibited : Provided, That in the States of Oregon 
and Washington, where the continuous moisture and abundant rain- 
falls of the Cascade and Pacific coast ranges ma-ke rapid renewal of 
herbage and undergrowth possible, the Commissioner of the General 
Land Office may, with the approval of the Secretary of the Interior, 
allow the limited grazing of sheej) within the reserves, or parts of 
reserves, within said States: And also provided. That when it shall 
appear that the limited pasturage of sheep and goats in a reserve, or 
part of a reserve, in any State or Territory will not work an injury 
to the reserve, that the protection and improvement of the forests 
for the purpose of insuring a permanent supply of timber and the 
conditions favorable to a continuous water flow, and the water 
supply of the people will not be adversely affected by the presence of 
sheep and goats within the reserve, the Commissioner of the General 
Land Office may, with the approval of the Secretary of the Interior, 
also allow the limited grazing of sheep and goats within such reserve. 
Permission to graze sheep and goats within the reserve will be refused 
in all cases where such grazing is detrimental to the reserves or to the 
interests dependent thereon, and upon the Bull Run Forest Reserve 
in Oregon, and upon and in the vicinity of Crater Lake and Mount 
Hood, or other well-known places of public resort or i-eservoir supplj\ 
The pasturing of live stock, other than sheep and goats, will not be 
prohibited in the forest reserves so long as it appears that injury is 
not being done the forest growth and water supplj^ and the rights of 
others are not thereby jeopardized. OwntM-s of all live stock will be 



Pasturing of Live Stock — Penalty for Unauthorized Grazing. 39 

required to make application to the Commissioner of the General 
Land Office for permits to graze their animals within the reserves. 
Permits wall only be granted on the express condition and agreement 
on the part of the applicants tliat they will agree to f ullj^ comply with 
all and singular the requirements of any law of Congress now or here- 
after enacted relating to the grazing of live stock in forest reserves, 
and with all and singular the requirements of any rules and regula- 
tions now or hereafter adopted in pursuance of anj^ such law of Con- 
gress ; and upon failure to comply therewith the permits granted them 
will be revoked and the animals removed from the reserves. Permits 
will also be revoked for a violation of any of the terms thereof or of 
the terms of the applications on which based. 

BiNGER Hermann, 

Commissioner. 
Approved, July 5, 1000. 
E. A. Hitchcock, 

Secretary of the Interior. 

PENALTY FOR UNAUTHORIZED GRAZING IN FOREST RESERVES. 

In response to an inquiry by the Department of the Interior as to 
whether a criminal prosecution will lie to punish a person who grazes 
sheep in a forest reserve in violation of section 5388, United States 
Revised Statutes, amended by act of June 4, 1888 (25 Stat., 166), the 
Solicitor-General decided the question in the affirmative. 

The following is a copy of his decision: 

Department of Justice, 
Washington, D. C, November 17, 1898. 
The Secretary of the Interior. 

Sir: Section 5388 of the Revised Statutes, as amended by the act 
of June 4, 1888 (25 Stat., 166), provides as follows: 

Every person who unlawfully cuts, or aids or is employed in unlawfully cutting, 
or wantonly destroys or procures to be wantonly destroyed, any timber standing 
upon the land of the United States which, in pursuance of law, may be reserved 
or purchased for military or other purposes, or upon any Indian reservation, or 
lands belonging to or occupied by any tribe of Indians under authority of the 
United States, shall pay a fine of not more than five hundred dollars or be 
imprisoned not more than twelve months, or both, in the discretion of the court. 

The act of June 4, 1897, entitled "An act making appropriations for 
sundry civil expenses of the Government for the fiscal year ending 
June 30, 1898, and for other purposes," provides (30 Stat., 35): 

The Secretary of the Interior shall make provisions for the protection against 
destruction by fire and depredations upon the public forests and forest reservations 
which may have been set aside or which may be hereafter set aside under the said 
act of March 3, 1891, and which may be continued; and he may make such rules 
and regulations and establish such service as will insure the objects of such reser- 
vations, namely, to regulate their occupancy and use and to preserve the forests 



40 Penalty for Unauthorized Grazing. 

thereon from destruction: and any violation of the provisions of this act or snch 
rules and recjulations shall be punished as is provided for in the act of June 4, 1888, 
amending section 5388 of the Revised Statutes of the United States. 

Under the autliority thus conferred the Secretary of the Interior, 
on June 30, 1897, promulgated certain rules and regulations for the 
purpose of regulating the occupancy and use of the forest reservations 
and to preserve the forests thereon from destruction, among which 
was the following: 

13. The pasturing of live stock on the public lands in forest reservations will 
not be interfered with so long as it appears that injury is not being done to the 
forest growth, and the rights of others are not thereby jeopardized. The pastur- 
ing of sheep is. however, prohibited in all forest reservations, except those in the 
States of Oregon and "Washington, for the reason that sheep grazing has been 
found injurious to the forest cover, and therefore of serious consequence in regions 
where the rainfall is limited. The exception in favor of the States of Oregon and 
Washington is made because the continuous moisture and abundant rainfall of 
the Cascade and Pacific Coast ranges make rapid renewal of herbage and under- 
growth possible, etc. 

In view of the foregoing, you request my opinion whether a crimi- 
nal prosecution will lie to punish a i^erson who grazes sheep in a forest 
reservation in violation of the regulation quoted. 

I recognize the existence of the salutary rule that Congress can not 
delegate its legislative power so as to authorize an administrative 
officer, by the adoi)tion of regulations, to create an offense and pre- 
scribe its punishment. But here the statute j)roclaims the punish- 
ment for an offense which, in general terms, is defined by law, the 
regulation dealing only with a matter of detail and administration 
necessary to carry into effect the object of the law. The protection 
of the public forests is intrusted to the Secretary of the Interior. 
Section 5388 makes it an offense, punishable by fine and imprison- 
ment, for any person wantonly to destroy any timber on a public res- 
ervation. In furtherance of this policy, the act of June 4, 1897, directs 
the Secretary to make provision for the protection of the forests and 
authorizes him to regulate the use and occupancy of the forest reser- 
vations and to preserve the forests thereon from destruction, making 
for such purpose proper rules and regulations. 

Any violation of such rules and regulations is, by the statute, made 
an offense punishable as provided in section 5388. Bj" this law the 
control of the occupancy and use of these reservations is handed over 
to the Secretary for the purpose of preserving the forests thereon, and 
any occupancy or use in violation of the rules and regulations adopted 
by him is made punishable criminally. It seems to me Congress has 
a right to do this. Suppose Congress had j)rovided that the occupa- 
tion or use of a forest reservation by any person, without permission 
of the Secretary, should be a misdemeanor. Would not this be a valid 
exercise of legislative power? The present statute does no more. The 
regulation is reasonable and necessary. It restrains no one in the 



Renting or Leasing Lands near Siwings. 41 

enjoyment of any natural or legal right. To use the language of Mr. 
Chief Justice Fuller in Li re KoUock, 165 U. S., 520, 533 — 

The regulation was in execution of, or supplementary to, but not in conflict 
with, the law itself, and was specifically authorized thereby in effectuation of the 
legislation which created the offense. 

Your question, therefore, is answered in the affirmative. 
Very respectfully, 

John K. Richards, 

Approved. Solicitor- General. 

John W. Griggs, 

Attorney- General. 
(See also United States v. Tygh Valley Land and Live Stock Co. ; 
76 Fed. Rep., 693.) 

RENTING OR LEASING LANDS NEAR OR ADJACENT TO SPRINGS 
WITHIN FOREST RESERVATIONS. 

Act of February 28, 1899 (30 Stat., 908). 

Authorizes the Secretary of the Interior to rent or lease suitable 
spaces and portions of ground near or adjacent to mineral, 
medicinal, or other springs, within public forest reserves. 

[Act of February 28, 1899 (30 Stat., 908). ] 

Chap. 221— AN ACT to authorize the Secretary of the Interior to rent or lease 
certain portions of forest reserve. 

Be it enacted by the Senate and House of Representatives 
of the United, States of A'merica in Congress assembled. 
That the Secretary of the Interior be, and hereby is, Forest re- 
authorized, under such rules and regulations as he from Authority 

° conferred to 

time to time may make, to rent or lease to responsible lease grounds 

. 1 . 1 ^ .1 in, for hotels. 

persons or corporations applying therefor suitable spaces etc. 
and portions of ground near, or adjacent to, mineral, me- 
dicinal, or other springs, within any forest reserves estab- 
lished within the United States, or hereafter to be estab- 
lished, and where the public is accustomed or desires to 
frequent, for health or pleasure, for the purpose of erect- 
ing upon such leased ground sanitariums or hotels, to be 
opened for the reception of the public. And he is further Regulations. 
authorized to make such regulations, for the convenience 
of people visiting such springs, with reference to spaces 
and locations, for the erection of tents or temporary dwell- 
ing houses to be erected or constructed for the use of those 
visiting such springs for health or i^leasure. And the Sec- 
retary of the Interior is authorized to prescribe the terms 
and duration and the compensation to be paid for the 
privileges granted under the provisions of this Act. 

Sec. 2. That all funds arising from the privileges granted Funds to be 

^ r- o o used for care of 

hereunder shall be covered into the Treasury of the United forest reservea 
States as a special fund, to be expended in the care of 
public forest reservations. 



42 R'ujlds of Wtuj — Canals, Ditches, and Reservoirs. 

The act of February 28, 1899, authorizing the Secretary of the Inte- 
rior to lease lands adjacent to mineral springs within forest 
reserves for hotel or sanitarium purposes, contemplates the leas- 
ing of land not wholly occupied by the hotel or sanitarium, when- 
ever such action is necessary to the proper conduct of such hotel 
or sanitarium, and to make the beneficial properties of the springs 
available to the public. (Opinion, 28 L. D., 386.) 

RIGHTS OF WAY ACROSS FOREST RESERVES. 

I. Act of June 4, 1897 (30 Stat., 30). (See page 13.) 
Contains the following provision : 

Nothing herein shall be construed as prohibiting the egress or 
ingress of actual settlers residing within the boundaries of 
such reservations, or from crossing the same to and from their 
property or homes; and such wagon roads and other improve- 
ments may be constructed thereon as may be necessary to 
reach their homes and to utilize their property under such 
rules and regulations as may be proscribed hy the Secretary 
of the Interior. Nor shall any tiling herein prohibit any per- 
son from entering upon such forest reservations for all proper 
and lawful purposes, including that of prospecting, locating, 
and d e veloping the mineral resources thereof : Provided, That 
such persons comply with tlie rules and regulations cover- 
ing such forest reservations. (See regulations under, con- 
tained in circular of April 4, 1900, page 10.) 

The act of June 4, 1897, provides for the control and administra- 
tion of all public lands set apart as forest reserves hy the 
President, under section 24, act of March 3, 1891, but makes 
no grant of right of way through these reservations, and does 
not give the Secretary of the Interior any new or additional 
authority to permit the use of a right of yvay through them or 
within their boundaries, and is not applicable to reservations 
created by special act of Congress. (Opinion, 28 L. D., 474.) 

II. Canals, Ditches, and Reservoirs in Forest Reserves. 

The grant made by the act of March 3, 1891, of rights of way for 
canals, ditches, and reservoirs over public lands and reserva- 
tions of the United States was limited, by the terms of said 
act, to companies formed for jjurposes of irrigation, and while 
section 2 of the act of May 11, 1898, amendatory of the act 
of 1891, permits the use of rights of way, granted under said 
act of 1891, for other jiurposes, it does not enlarge the class 
of grantees, or make a new grant; hence, under these acts, 
the Secretary of the Interior has no authority to grant the 
right to establish a reservoir, or construct a ditch for mining 
or domestic purposes, within the limits of the Yosemite Park, 
or any forest reserve in California. (Opinion, 28 L. D., 474.) 
[Also Hamilton Irrigation Company (21 L. D., 330) and 
Crystal Lake Irrigation and Power Companj'^ (27 L. I)., 315), 
construing the act of May 14, 189G; 29 Stat., 120.] 



Schools and Churches — Fires. 43 

III. "Deficiency" Act of March 3, 1899 (30 Stat., 1233). 
Contains the following provision: 

That in the form provided by existing law the Secretary of the 
Interior may file and approve surveys and jjlats of any right 
of waj for a wagon road, railroad, or other highway over and 
across any forest reservation or reservoir site when in his 
judgment the public interests will not be injuriously affected 
thereby. 

For right of w^ay privileges in respect to individual forest reserva- 
tions, see under the heading " Local laws" (page 45). 

OCCUPATION OF LANDS FOR SCHOOL AND CHURCH PURPOSES. 

Act of June 4, 1897 (30 Stat., 36). (See page 13.) 
Contains the following provision : 

The settlers residing within the exterior boundaries of such f oest 
reservations, or in the vicinity thereof, may maintain schools 
and churches within such reservation, and for that purpose 
may occupy any part of said forest reservation, not exceeding 
2 acres for each schoolhouse and 1 acre for a church. (See 
regulations in circular of Aiwil 4, 1900, page 16.) 

Permission to occupy lands within a forest reserve for church 
and school purposes, under the provisions of the act of June 
4, 1897, asked for on behalf of a corporation, may be granted 
to the petitioners as individuals, where it appears that they 
are settlers residing in the vicinit}^ of said reserve. (T. S. C. 
Lowe et al., 28 L. D.,89.) 

FIRES ON THE PUBLIC DOMAIN. 

[Circular— Forest fires.] 

Department of the Interior, 

General Land Office, 
Washington, D. C, June 18, 1900. 
For the information of all concerned, attention is called to the fol- 
lowing act of Congress, approved May 5, 1900, entitled "An act to 
amend an act entitled 'An act to prevent forest fires on the public 
domain,' approved February twentj^-fourth, eighteen hundred and 
ninety-seven. " 

Registers and receivers, United States land offices, special agents 
and forest officers, General Land Office, should promptly report to the 
proper United States attorney all information they may receive rela- 
tive to the violation of the provisions of this law. 

BiNGER Hermann, 

Commissioner. 
Approved, June 18, 1900. 

E. A. Hitchcock, 

Secretary. 



44 Fire!< — Penalty — Fisli and Oame Laws. 

[Act of May 5, 1000 m Scat., IC!)).] 

Chap. 349. — AN ACT to amend an Act entitled "An act to prevent forest fires on 
the public domain, " approved February twenty- fourth, eighteen hundred and 
ninety-seven. 

Be itenactedhy the Senate and House of Representatives of the United 
States of America in Congress assembled, That an act entitled "An 
act to prevent forest fires on the public domain," approved February 
twenty-fourth, eighteen hundred and ninety-seven, be, and the same 
is hereby, amended so as to read as follows : 

That any person who shall willfully or maliciously set on fire, or cause to beset 
on fire, any timber, underbrush, or grass upon the public domain, or shall leave 
or suffer fire to burn unattended near any timber or other inflammable material, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof in any dis- 
trict court of the United States having jurisdiction of the same shall be fined in a 
sum not more than five thousand dollars or be imprisoned for a term of not more 
than two years, or both. 

Sec. 2. That any person who shall build a fire in or near any forest, timber, or 
other inflammable material upon the public domain shall, before leaving said fire, 
totally extinguish the same. Any person failing to do so shall be deemed guilty 
of a misdemeanor, and upon conviction thereof in any district court of the United 
States having jurisdiction of the same shall be fined in a sum not more than one 
thousand dollars or Ije imprisoned for a term of not more than one year, or both. 

Sec. 3. That in all cases arising under this act the fines collected shall be paid 
into the public-school fund of the county in which the lands where the offense was 
committed are situated. 

PENALTY FOR DESTRUCTION OF FIRE-WARNING NOTICES. 

The following instructions have been issued by the General Land 
Office, under dates of October 19 and 24, 1900, to the several forest 
officers: 

The tearing down of a fire-warning jDoster is a destruction of Gov- 
ernment property, and a defiance of the law thereby promulgated to 
the public. The act is willful and malicious. 

The going upon a Government reservation and committing such an 
act is a willful trespass, and is punishable under the penalty for tres- 
pass in the act of June 4, 1897 (30 Stat., 34-36), providing for the 
administration and protection of forest reserves. 

All persons guilty of tearing down or otherwise defacing or destroy- 
ing fire notices should be prosecuted as above indicated ; and you will 
instruct your men accordingly. 

FISH AND GAME LAWS. 

Enforcement of. 

The " Sundry Civil " acts of March 3, 1899 (30 Stat., 1095), and June 
6, 1900 (31 Stat. , 014), and the ' ' Urgent Deficiency " act of Feb- 
ruary 9, 1900 (31 Stat., 21), contain the following provision: 

'■^ Provided further, That forest agents, superintendents, supervis- 
ors, and all other persons employed in connection with the 
administration and protection of forest reservations shall, in 
all ways that are practicable, aid in the enforcement of the 
laws of the State or Territory in which said forest reserva- 
tion is situated in relation to llie protection of fish and game." 



Survey.^ — Local Lairs — BigJifs of Way. 45 

SURVEYS OF FOREST RESERVES AND OF ADJACENT LANDS. 

I. Act op June 4, 1897; 80 Stat., 34. (See paj?e 9.) 

Provides for the survey by the United States Geological Survey 
of the j)ublic lands that have been or may hereafter be desig- 
nated as forest reserves, under section 24 of the act of March 3, 
1891 (30 Stat., 1095), including public lands adjacent thereto; 
and prescribes requirements respecting the returns to be 
made of such surveys. 
Adjacent Lands. 

In carrying out the provisions of the act of June 4, 1897, 
with respect to the survey of forest reservations, the 
phrase " public lands adjacent thereto," should be con- 
strued to mean townships, either fractional or entire, 
actually adjoining such reservations. (Instructions, 25 
L. D., 140.) 

II. Act op March 3, 1899 (30 Stat., 1097). 
Contains the following provision: 

'^ And provided furilier, That hereafter all standard, meander, 
township, and section lines of the public land surveys shall, 
as heretofore, be established under the direction and super- 
vision of the Commissioner of the General Land Office, whether 
the lands to be surveyed are within or without reservations, 
except that where the exterior boundaries of public forest 
reservations are required to be coincident with standard, 
township, or section lines such boundaries may, if not pre- 
viously established in the ordinary course of the public land 
surveys, be established and marked under the supervision of 
the Director of the United States Geological Survey whenever 
necessary to complete the survey of such exterior boundaries.'' 

LOCAL LAWS. 
RIGHTS OF WAY ACROSS FOREST RESERVES. 

I. Grand Canyon Forest Reserve. 

[Act of May 18,1898 (130 Stat., 418).] 

Chap. 343.— AN ACT granting the Santa Fe and Grand Canyon Railroad Com- 
pany right of way for railroad purposes through the Grand Canyon Forest 
Reserve in northern Arizona. 

Be it e7iacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the Santa Fe and Grand Canyon Railroad Comnanv, Santa Fe and 

,. .L J T • .. n ,, , •''Grand Canyon 

a corporation created and existing under the laws of Railroad grant- 
the Territory of Arizona, is authorized to construct and thrmfgh ^Grlnd 
maintain a railroad over and through the Grand Canyon ResJrTe. ^"''^^^ 
Forest Reserve (heretofore reserved from entry or settle- 



46 Bights of Way under Local Laws. 

nient and set apart as a public reservation by Benjamin 
Vol. 37, p. 1001. Harrison, President of the United States, by proclamation 
of date the twentieth day of February, eighteen hundred 
Location. and ninety-three), said railroad to enter the said Grand 
Canyon Forest Reserve at such a point on the south- 
ern boundary of said reserve in Coconino County, Ari- 
zona, as may be found to be the most feasible for the 
route of said railroad, running in a northerly direction 
from Williams, Arizona; thence proceeding by the most 
practicable route through a point at or near Lombard and 
the Bright Angel Trail to the Indian Gardens, and from 
said Bright Angel Trail in an easterly direction to the Lit- 
tle Colorado River; also to proceed by such side tracks, 
extensions, switches, and spurs as may be necessary to 
reach the various groups of mines in said forest reserve, 
all in said Coconino County; said right of way being 
Restrictions, granted subject to the rules and restrictions and carrying 
Chap. 152, vol. all the rights and privileges of an act entitled "An act 
appTicabie.™'^'^*^ granting to railroads the right of way through the iDublic 
lands of the United States," approved March third, eight- 
een hundred and seventy-five, said act being hereby 
made applicable to the right of way hereby granted: 
Proviso. Provided, That no timber shall be cut by said railroad 
company for any purpose outside of the rights of way 
herein granted. 

IL Pike's Peak Timber Land Reserve. 

[Act of Jvme 37, 1898 (30 Stat., 493).] 

Chap. 501. — AN ACT granting right of way through the Pikes Peak Timber 
Land Reserve and the public lands to the Cripple Creek District Railway 
Company. 

Be it enacted by the Senate and House of Represe7itatives- 

of the United States of America in Congress assembled, 

Cripple Creek That the Cri])])le Creek District Railway Company, a cor- 

District Rail- ^^ -, <. i o 

way granted poration Created and existing under the laws oi the State 
through Pike's of Colorado, be, and it hereby is, authorized to construct 
Land Reserve, aud maintain a railway over and through the Pikes Peak 
Timber Land Reserve (heretofore reserved from entry or 
settlement and set apart as a public reservation by Execu- 
Location. tivc Order), said railway to enter said Pikes Peak Timber 
Land Reserve at such a j)oint on the eastern or northern 
boundary thereof in El Paso County, Colorado, as may 
be found to be the most feasible for the route of said rail- 
way, running in a westerly direction from Colorado Springs, 
Colorado, thence proceeding by the most practicable route 



Bights of Way under Local Laivs. 47 

fhrough the reserve to the western boundary thereof; also, 
to proceed by such side tracks, extensions, switches, and 
spurs as may be necessary to reach any groups of mines 
in said forest reserve, all in said El Paso County; and the ^ RigW; of way 

' ^ to Cripple 

said railway company is hereby also granted right of way creek, coi. 
through the public lands to the town of Cripple Creek, in 
the said State of Colorado ; said right of way being granted 
subject to the rules and restrictions and carrying all the 
rights and privileges of an act entitled "An act granting Voi. i8, p. 483. 
to railroads the right of way through the public lands of 
the United States," approved March third, eighteen hun- 
dred and seventy-five, said act being hereby made appli- 
cable to the right of way hereby granted : Provided, That ^'"''f "■ ^ 

° "^ *^" ' Cuttmsof 

no timber shall be cut by said railroad company for any timber limited. 
purpose outside of the rights of way herein granted. 

[Act of July 8, 1898 (30 Stat., 729).] 

Chap. 640. — AN ACT gi-antiiig right of way through the Pike"s Peak Timber 
Land Reserve and the public lands to the Cripple Creek Short-Line Railway 
Company. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress Assembled, 
That the Cripple Creek Short-Line Railway Company, a „ Cripple Creek 

^^ . J 1 J5 Short-Line Rail- 

corporation created and existing under the laws of the way granted 

State of Colorado, be, and it hereby is, authorized to con- through Pikes 
struct and maintain a railway over and through the Pikes Land Reserve. 
Peak Timber Land Reserve (heretofore reserved from etc. 
entry or settlement and set apart as a public reservation 
hj Executive order), said railway to enter said Pikes Location. 
Peak Timber Land Reserve at such a point on the east- 
ern or northern boundary thereof in El Paso County, 
Colorado, as may be found to be the most feasible for the 
route of said railway, running in a westerly direction from 
Colorado Springs, Colorado, thence proceeding by the 
most i)racticable route through the reserve to the western 
boundary thereof; also, to proceed by such side tracks, 
extensions, switches, and spurs as inaj^ be necessary to 
reach any groups of mines in said forest reserve, all in 
said El Paso County ; and the said railroad company is Right of way 

1 1 1 .-.., ^ , ^•^toCripple 

nereby also granted right of way through the public lands Creek, Coio. 
to the town of Cripple Creek, in the said State of Colo- 
rado; said right of way being granted subject to the rules 
and restrictions and carrying all the rights and privileges 
of an act entitled "An act granting to railroads the right v..i.i8,p.483. 
of way through the public lands of the LTnited States," 
approved March third, eighteen hundred and seventy- 



48 Rights of Way Under Local Laws. 

five, said act being hereby made applicable to the right 
Provisos. of way hereby granted : Provided, That no timber shall 
^™ ^^' be cut by said railroad company for any purpose outside 
of the rights of way herein granted : And j^rovided further, 
That the right of way herein granted shall not interfere 
with the right of way on Government land through the 
Pikes Peak Timber Land Reserve, granted by act of Con- 
gress, entitled: "An act granting right of wsiy through the 
Pikes Peak Timber Land Reserve and the public lands to 
Distn^t'^RaTi^-the Cripple Creek District Railway Company," approved 
^^nfe,p.493. Junc twcuty-seveuth, eighteen hundred and ninety-eight. 

III. San Francisco Mountains Forest Reserves. 

[Act of January 10, 1899 (30 Stat., 783).] 

Chap. 44.— AN ACT granting the Saginaw Southern Railroad Company a right of 
way for railroad purposes through the San Francisco Mountains Forest Reserve. 

Be it enacted by the Seriate and House of Representatives 

of the United States of America in Congress assembled, 

Saginaw That the Saginaw Southern Railroad Company, a corpo- 

Southern Rail- . *= ^ n . ^. t ^, i i ^^ r^ -^ 

road granted ration Created and existing under the laws of the lerritory 
through San of Arizona, is authorized to construct and maintain a rail- 
Mountains For- road over and through the San Francisco Mountains Forest 
Reserve (heretofore reserved from entry and settlement 
and set apart as a public reserve by William McKinley, 
President of the United States, by proclamation dated the 
Post, procia- Seventeenth day of August, eighteen hundred and ninety- 
™Location. ^^''^ eight). Said railroad to be constructed upon and across 
the said San Francisco Mountains Forest Reserve from a 
point on the line of the Santa Fe Pacific Railroad Com- 
pany at the town of Williams, in the county of Coconino, 
Territory of Arizona, thence in a southerly direction by 
the most practical route to the town of Jerome, in the 
county of Yavapai, Territory of Arizona ; also to construct 
and maintain such side tracks, extensions, switches, and 
spurs as may be necessary to the convenient construction 
and maintenance of said railroad in the said counties of 
Coconino and Yavapai ; said right of way being granted 
subject to the rules and restrictions and carrying all the 
Vol. 18, p. 482. rights and privileges of an act entitled "An act granting 
to railroads the right of way through the public lands of 
the United States," approved March third, eighteen hun- 
dred and seventy-five, said act being hereby made appli- 
Proviso. cable to the right of way hereby granted : Provided, That 

ber'iimitod.^""' no timber shall be cut by said railroad company for any 
purpose outside of the right of way herein granted. 



RUjlits of \Vu(j under Local Laws. 49 

[Act of June 0, 1!M) (31 Stat.,057).] 

Chap. 794. — AN ACT to grant right of way over Grovernment lands for a pipe 
line for the conveyance of water to Flagstaff, Arizona. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That a right of way for a pipe line through sections twenty- ^^^ a g s t a fl^ 
six, thirty-six, township twenty-three north; sections two, right' of way 
twelve, fourteen, twenty-two, and twenty-eight, township Francisco Por- 
twenty-two north, and sections four and sixteen, townsliipe.tc, for pipe 
twenty-one north, all in range seven east, Gila and Salt 
River meridian, in the San Francisco Forest Reserve, in 
the county of Coconino and Territory of Arizona, is hereby 
granted to the town of Flagstaff, a municipal corporation 
in said county and Territory, to the extent of the ground 
occupied by said pipe line and twenty-five feet on each 
side of the center line of the same. 

Also the right to take from the lands adjacent to the .Use of mate- 
lands hereby granted material, earth, stone, and timber 
necessaiy for the construction, maintenance, repair, and 
control of said pipe line. 

Sec. 2. That said pij)e line when constructed shall be control. 
maintained and controlled exclusively for the use and 
benefit of the said town of Flagstaff by the municipal 
authorities thereof, and for the purpose only of conveying 
water through said pipe line to said town for its exclusive 
use and benefit. 

Sec. 3. That this act shall take effect and be in force e^^^*- 
from and after its passage. 

IV. San Gabriel Forest Reserve. 

[Act of February 28, 1899 (30 Stat., 910.)] 

Chap. 223.— AN ACT to gi-ant to the Pasadena and Mount Wilson Railway Com- 
pany right of way and certain lands for railroad purposes through the San Ga- 
briel Forest Reserve. 

Be it enacted by the Senate and House of Representaiives 
of the United States of Ainericain Congress assembled. That 
there is hereby granted to the Pasadena and Mount Wil- , Pasadena and 

"^ ® Mount Wilson 

son Railway Company, a corporation organized and exist- Rail >^ay grant- 

•^ ^ ^ ed right ot way 

mg under the laws of the State of California, and to its through san Ga- 
briel Forest Ke- 
successors and assigns, authority to construct, maintain, serve. 

and operate a railway for a distance of nine miles, more 
or less, over and through the San Gabriel Forest Reserve 
(heretofore reserved from entry and settlement and set 
apart as a public reservation by Benjamin Harrison, Presi- 
dent of the United States, by proclamation of date the voi.2T,p.io49. 
9372—00 4 



50 Rights of Way Under Local Laws. 

twentieth day of December, anno Domini eighteen hun- 
dred and ninety-two), from the place in said forest reserve 

Location. known as Rubio to the summit of the mountain known as 
Mount Lowe, in the Sierra Madre Mountains, in the county 
of Los Angeles and State of California, the course of said 
railway to be tlie same as that of the railroad now oper- 
ated by said railway company from Rubio aforesaid to 
Alpine Tavern, the present terminus of said railroad, and 
from thence to the summit of said Mount Lowe, by the 
most practicable route ; said right of way being hereby 
granted to said Pasadena and Mount Wilson Railway Com- 
pany, but subject to the rights, privileges, rules, and restric- 

Voi.i8,p.483. tions of an act entitled "An act granting to railroads the 
right of way through the x^ublic lands of the United States," 
approved March third, anno Domino eighteen hundred and 
seventy-five, said act being hereby made applicable to the 

Proimos. right of way hereby granted: Provided, That no timber 
ting restricted, g^all be cut by Said railway company for any purpose out- 
side of the right of way herein granted: And iwovided 

^°"'^' further, That said company shall give bond as provided 

by the regulations of the Secretary of the Interior pre- 
scribed under the law relating to forest reserves, 
pa^n^y® of° addi- ^^0. 2. That in addition to such of the public ground 
hotels Ite*^ ^°^ ^^ ^''^^^ railway company will be entitled to take, under 
and in accordance with the j)i'Ovisions of the said act 
entitled "An act granting to railroads the right of way 
through the public lands of the United States," approved 
March third, anno Domini eighteen hundred and seventy- 
five, for station buildings, depots, machine shops, side 
tracks, turn-outs, and water stations, the Secretary of the 
Interior is hereby authorized to sell, at the rate of one 
dollar and twenty-five cents per acre, to the said Pasadena 
and Mount Wilson Railway Company, its successors and 
assigns, for stations, hotels, astronomical observatories, 
seminaries of learning, and such other buildings and pur- 
poses as may be required in connection with said railway 
line, the following-described parcels of land along said 
right of way, to wit: The unsurveyed land described as 
the west half of the northwest quarter of the northwest 
quarter of section two, when regularly protracted, in town- 
ship one north, range twelve west, San Bernardino meri- 
dian, containing twenty acres, more or less. 

Also the tract or parcel of land described as follows, to 
wit: Beginning at a point in the easterly line of the two- 
hundred-foot right of way of the Pasadena and Mount 
Wilson Railway Company, which point is north twenty- 
seven degrees thirty minutes west nine hundred feet from 



Rights of Way — Entries in Black Hills Forest Reserve. 51 

the point where said riglit-of-way line crosses the north 
line of section three, township one north, range twelve 
west; running thence north sixty-two degrees forty min- 
utes east five hundred feet; thence north twenty-seven 
degrees thirty minutes west one thousand eight hundred 
and fifty feet; thence west three hundred and fifty feet, 
more or less, to the easterly line of the right of way afore- 
said ; thence southeasterly along said right of way to the 
place of beginning, containing twenty acres, more or less. 

Also the unsurveyed lands described as the west half of 
the west half of the southeast quarter and the east half of 
the east half of the southwest quarter of section twenty-six, 
township two north, range twelve west, San Bernardino 
meridian, when regularly protracted, containing eighty 
acres, more or less. 

Also a tract of land consisting of forty acres at the 
terminus of said right of way at Mount Lowe: Provided, ex^eptel^^' ^*^'' 
That all minerals, including coal, in all of said right of 
way and lands hereby granted are reserved to the United 
States. 

Sec. 3. That the said right of way and lands for sta- Right of way, 

"^ etc., to vest in 

tions, hotels, astronomical observatories, seminaries of successor, etc. 
learning, and other purposes granted hereby are intended 
for the use of said Pasadena and Mount Wilson Railway 
Company, its successors and assigns, and in case of the 
sale of said Pasadena and Mount Wilson Railway and its 
appurtenances by act of the corporation or under decree 
of court, all of the rights and benefits hereby granted 
shall vest in the owner or owners for the time being of 
said railway line and apj)urtenances. 

homestead entries in the black hills forest reserve. 

Special Privileges Allowed. 

The act of March 3, 1899 (30 Stat., 1095), contains the following 
provisions : 

Provided further, That any person who made actual, F^ltt^ReSria^ 
bona fide settlement and improvement and established tioP'S- Dak. 

'- Certain set- 

residence thereon in good faith, for the purpose of acquir-t'ers granted 

■^ ^ -^ homestead en- 

mg a home, upon lands more valuable for agriculture than t^ies. 
for any other purpose, within the boundaries of the Black 
Hills Forest Reservation, in the State of South Dakota, 
prior to September nineteen, eighteen hundred and ninety- 
eight, may enter, under tlie provisions of the homestead 
law, the lands embracing his or her improvements, not to -surveys. 
exceed one hundred and sixty acres; and if the lands are 
so situated that the entry of a legal subdivision, according 



52 Homestead Entries in Black Hills Forest Beserve. 

to existiug law, will not embrace the improvements of such 
settler or claimant, he or she may make application to the 
surveyor-general of the State of South Dakota to have 
said tract surveyed at the expense of the claimant by metes 
and bounds and a plat made of the same and filed in the 
local land office, showing the land embraced in his original 
settlement which he desires to enter, not to exceed one 
hundred and sixty acres, and thereupon he shall be allowed 
to enter said land, as per said plat and survey, as a home- 
stead; and the Secretary of the Interior shall make the 
necessary rules and regulations to carry this act into 
NoTto preju- 6^6ct : Provided, That in any case where, upon investi- 
dice p^^^iic in- g^tion by a special agent of the Interior Department and 
after due and proper hearing, it shall be established that 
an entry interfered with the general water supply, or was 
detrimental in any way to the public interests, or infringed 
upon the rights and privileges of other citizens, the Sec- 
retary of the Interior shall have authority to cause said 
entry to be modified or amended or in his discretion to 
finally cancel the same. 

Instructions. 

Under the above provisions in the act of March 3, 1890 (30 Stat., 
1095), instructions were addressed to the local officers at Rapid City, 
S. Dak., by the General Land Office, and approved by the Department 
on September 22, 1899, as follows: 

"Until the system of public surveys is extended over a township, 
and a plat thereof duly filed in your office in accordance with the cir- 
cular of October 21, 1885 (-t L. D., 202), the notice given to be modified, 
however, and to state that entries will be allowed only under said act 
of March 3, 1899, no entries can be allowed for lands in the Black 
Hills Forest Reservation, S. Dak. 

"A party desiring to enter land in said reservation will be required 
to file, in addition to the usual application (Form 4-007) and affida- 
vits (Forms 4-062 and 4-063), his affidavit, corroborated by that of 
two other persons, showing that he is entitled to the benefits of the 
act cited. He will be required to state the date of his actual bona 
fide settlement, the date he established residence on the land for the 
purpose of acquiring a home thereon, for what period of time he has 
maintained a residence on the land, the character and value of his 
improvements, and the extent of his cultivation of the land, as well 
as for what the land is principally valuable. Such additional affida- 
vit, as well as the affidavits of the corroborating witnesses, may be 
made before any officer qualified to administer oaths in homestead 
cases. 

" Should it satisfactorily appear that an applicant is entitled to the 
benefits of said act, you will allow his entry to go to record. 



Homestead Entries in Black Hills Forest Reserve. 53 

"Before an entiy can be allowed for a claim which can not be 
adjusted to the existing legal subdivisions without detriment to the 
interests of the settler, it will be necessary to have the claim surveyed in 
accordance with the instructions for that purpose (approved by the 
honorable Secretary of the Interior, September 22, 1899, a copy of 
which is hereto attached), and the plat thereof filed in your office." 

SURVEY SETTLERS' CLAIMS IN BLACK HILLS FOREST RESERVA- 
TION, S. DAK. 

Department of the Interior, 

General Land Office, 
Washington, D. C, September 7, 1899. 
The United States Surveyor-General, 

Huron, 8. Dak. 

Sir: The act of March 3, 1899, making appropriation for sundry 
civil expenses of the Government for the fiscal year ending June 30, 
1900, under the head of "Protection and administration of forest 
reserves" (Pamphlet Laws, page 1095), contains the following: 

^' Provided further, That any person who made actual bona fide 
settlement and improvement and established residence thereon in good 
faith, for the purpose of acquiring a home, upon lands more valuable 
for agriculture than for any other purpose, within the boundaries of 
the Black Hills Forest Reservation, in the State of South Dakota, 
prior to September nineteenth, eighteen hundred and ninety-eight, 
may enter, under the j)rovisions of the homestead law, the lands 
embracing his or her improvements, not to exceed one hundred and 
sixty acres; and if the lands are so situated that the entry of a legal 
subdivision, according to existing law, will not embrace the improve- 
ments of such settler or claimant, he or she may make application to 
the surveyor-general of the State of South Dakota to have said tract 
surveyed at the expense of the claimant b}^ metes and bounds and a 
plat made of the same and filed in the local land office, showing the 
land embraced in his original settlement which he desires to enter, 
not to exceed one hundred and sixty acres, and thereupon he shall be 
allowed to enter said land, as i^er said plat and survey, as a home- 
stead; and the Secretary of the Interior shall make the necessary 
rules and regulations to carry this act into effect : Provided, That in 
any case where, upon investigation by a special agent of the Interior 
Department, and after due and i^ro^Der hearing, it shall be established 
that an entry interfered with the general water supply, or was detri- 
mental in any way to the public interests, or infringed upon the rights 
and privileges of other citizens, the Secretary of the Interior shall 
have authorit}^ to cause said entry to be modified or amended, or in 
his discretion to finally cancel the same." 

By said act settlements within the Black Hills Forest Reservation, 
in the State of South Dakota, made prior to September 19, 1898, upon 
lands which are more valuable for agricultural than for any other 



54 Homestead Entries in Black Hills Forest Reserve. 

purpose, are protected by extending to the settlers the privilege of 
entering the land so settled uj)on nnder the provisions of the home- 
stead law. As an entry can not be made under the homestead law 
prior to the Government survey of the land desired to be entered, an 
entry can not be made under this law prior to the extension of the 
Government survey over the lands thus settled upon. By such survey 
it will be disclosed whether the improvements of the settler can be iiro- 
tected by entry according to legal sul)divisi/)ns without a special sur- 
vey, and until such time a special survey will not be ordered. Where 
upon the Government survey, however, it is discovered that an entry 
according to legal subdivisions will not include the improvements of 
the settler, he may adjust his claim to the legal subdivisions estab- 
lished by the Government survey or apply to the surveyor-general of 
South Dakota for a special survey of his claim. When an aiDplication 
is made for the survey of a claim under the provisions of this act, the 
settler may designate a surveyor, to whom the requisite instructions 
will be issued from your office, for the survey and marking of the 
boundaries of his claim and such connections with prior surveys as 
may be necessary to a proper platting of the claim and of the frac- 
tions of public lands surrounding the same, consequent upon the sur- 
vey of such claim. 

Under the law a special survey is required to be at the expense of 
the settler, and the surveyor performing the work must look to the 
settler for his compensation, without recourse to the United States, 
and a provision to that effect should be embodied in the instructions 
issued to such surveyor by your office. The amount of compensation 
to the surveyor will be left to private arrangement between the set- 
tler and the surveyor. 

Where the surveyor designated b}^ the settler is not a United States 
deputy surveyor or a United States deputy mineral surveyor, it will 
be necessary to submit with the application satisfactory evidence of 
the professional skill and ability of such surveyor. Such surveyor 
will be required to furnish a bond in the penal sum of $500 for the 
faithful execution of the work. 

The application for survey should contain a complete description 
of the claim, date of settlement, improvement, and established resi- 
dence, character, extent, and approximate value of improvements, 
character of the land, and location by township, range, and section 
(or sections) of the public land surveys. The application should be 
accompanied by a diagram showing as aecuratel}' as practicable the 
contour of the claim. The statements contained in the application 
for survey should be verified under oath. 

It is not the intention of this act to permit ia\y one settler to take 
long and narrow strips of land on both sides of a stream, and thus 
monopolize the water privileges, to the detriment of other settlers, and 
claims should be taken in square form, as neai'ly as it is practicable to do 
so, and include the improvements of the settlers. In no case should 



Homestead Entries in Black Hills Forest Reserve. 55 

the claims be of less wicltli than that of the smallest legal subdivision 
(20 chains). Whenever an application shall be received for the sur- 
vey of a settler's claim in such shape as appears to you to be detri- 
mental to the public interests, or to infringe upon possible rights of 
other citizens, j^ou will, if in doubt as to the propriety of making a 
survey in the shape applied for, forward the aj^plication for the con- 
sideration of this office, stating the reasons why, in j^our opinion, the 
survey should not be allowed as applied for. 

The necessary office work connected with these surveys will be per- 
formed by the regular clerical force of your office. 

Your office is regarded as being particularly conversant with the 
varied requirements and details pertaining to the public-land surveys, 
and I therefore desire that you prepare and submit for my considera- 
tion a draft of general instructions for the execution of surveys under 
the above-quoted provisions of law, prescribing the method of running 
and marking the boundaries of settlers' claims and their connection 
with and closings on the lines of the prior surveys in the townships in 
which such claims are located. 

As this law provides that the lands to be surveyed and entered there- 
under must be "more valuable for agriculture than for any other pur- 
pose," it is expressly desired that the instructions to surveyors making 
surveys under this act require such surveyors to embody in their field 
notes an accurate description of the character of the lands surve^^ed 
with regard to their value for any purpose other than agriculture. 

The plats of these surveys will be prepared in triplicate, as usual 
with public-land surveys, and the duplicate plats for the files of this 
office will be accompanied by duly authenticated transcripts of the 
field notes of the surveys. 

Veiy respectfully, Binger Hermann, 

Co'uimissioner. 

Department of the Interior, 

Sex)temher 22, 1899. 

Approved : 

E. A. Hitchcock, Secretary. ■ 

TIMBER ON MINING CLAIMS IN CERTAIN FOREST RESERVA- 
TIONS IN COLORADO. 

[Act of February L>0, 1896, 29 Stat., 11.] 

AN ACT to open forest reservations in the State of Colorado for the location of 

mining claims. 

Be it enacted by the Senate and House of Representatives of the United 
Stcdes of America in Congress assembled, That the forest reservations 
in the State of Colorado, known as the Pikes Peak Forest Reserve, 
the Plum Creek Forest Reserve, and the South Platte Forest Reserve, 
established by Executive proclamations dated, respectively, March 
eighteenth, eighteen hundred and ninety-two, June twenty-third, eight- 
een liundred and ninety-two, and December ninth, eighteen hundred 
and ninety-two, in the State of Colorado, in accordance with section 



56 Timber on ^fining Claims — Extent of Timher Privileges. 

twenty-four of the act of March third, eighteen liundred and ninety- 
one, from and after tlie passage of this act shall be open to the loca- 
tion of mining claims thereon for gold, silver, and cinnabar, and that 
title to such mining claims maybe acqnired in the same manner as it 
maj' be acquired to mining claims upon the other mineral lands of the 
United States for such purposes: Provided, That all locations of min- 
ing claims heretofore made in good faith within said reservations, and 
which have been held and worked in the same manner as mining 
claims are held and worked under existing law upon the public 
domain, are validated by this act. 

Sec. 2. That owners of valid mining locations made and held in 
good faith under the terms of this act shall be, and are hereby, author- 
ized and permitted to fell and remove from such mining claims any 
timber growing thereon, for actual mining jiurposes in connection with 
the particular claim from which the timber is felled or removed, but no 
other timber shall be felled or removed from any other portions of 
said reservations by private parties for any purpose whatever. 

EXTENT OF TIMBER PRIVILEGES UNDER ACT OF FEBRUARY 

20, 1896. 

[39 Stat., 11.] 

Commissioner of the General Land Office to the Secretary of the Inte- 
rior, October 16, 1896, in the timber trespass case of Kendall, Toivn- 

send, o.nd Walter. 

* * * * * * * 

Inasmuch as the act of February 20, 1896 (29 Stat., 11), opening the 
Pikes Peak Forest Reserve for the location of mining claims, confines 
the felling and removing of timber from mining claims to "actual 
mining purposes in connection with the particular claim from which 
the timber is felled or removed," it appears that Townsend and Wal- 
ter, in cutting timber on their claims for sale for the purpose of raising 
money for the development of the claims, exceeded the privileges 
allowed in said act. 

A reasonable construction of the wording of this act appears to con- 
fine the use of timber on such claims within a limit directly similar to 
that defined by the United States Supreme Court in dealing with the 
question whether timber might be taken from an unperfected home- 
stead claim and sold for the purpose of expending the money derived 
from the sale in improvements on the claim ; upon which point it was 
held that, while, perhaps, timber might be taken from such claims to 
be exchanged for timber or lumber to be applied direct to improve- 
ments thereon, j^et it could not be sold to raise money with which to 
make improvements on the land. (Case of Shiver v. United States, 
159 U. S., 491.) 

It accordingly appears that the timber taken from said mining 

claims, for use as stated, was procured in trespass. 

******* 

Approved by the Secretary of the Interior November 5, 1896. 



INDEX 



Acts of Congress Cited and Construed: Page. 

See Table of. 
Administration of Forest Reserves: 

General provision for. made in the act of June 4, 1897 (30 Stat., 34-36) . . 5, 9 
Advertisement op Timber: 

Act of June 4, 1897 (30 Stat, 35), provides for -.-. 12 

Act of June 6, 1900 (31 Stat., 661), amends act of June 4, 1897 (30 Stat., 

35) _ ...- 6,37 

Generalh', regulations governing. - 20-28 

Agricultural Lands: 

Act of June 4, 1897 (30 Stat.. 35,36), not intended that lands shall be 
included in forest reserves that are more valuable for agricultural 

purposes than for forest uses 11 

Lands in a forest reserve found to be more valuable for agricultural 

purposes than for forest uses may be restored to the public domain. 14, 32 

Decisions by the Department of the Interior 32-34 

Appraisement of Timber: 

Act of June 4, 1897 (30 Stat., 35), provides for, prior to sale thereof 12 

Act of June 6, 1900 (31 Stat., 661), amends act of June 4, 1897 (30 Stat., 

35) 6,37 

Generally, regulations governing 20-23 

Areas of Forest Reserves: 

May be enlarged or reduced 14 

Astronomical Observatories: 

Sites for 51 

Bids for Timber: 

Act of June 6, 1900 (30 Stat.. 661) makes provisions respecting 6, 37 

Generally, regulations governing 20-23 

Black Hills Forest Reserve, South Dakota and Wyoming: 

Special privileges granted to settlers in the South Dakota portion of the 

reserve 7, 51 

Bond: 

To be given by applicants for right of way privileges across forest 

reserves - -.. 17 

Boundaries of Forest Reserves: 

May be changed ._. 14 

Canals: 

Right of way for .-. .- 13,16,17,42 

Churches: 

Provision for, in forest reserves 13, 16, 43 

Circulars: 

April 4, 1900. Rules and regulations under the act of June 4, 1897 (30 
Stat., 34-36), containing general provisions for the administration of 

forest reserves .. 14 

December 18, 1899. Exchange of relinquished claims and private hold- 
ings within forest reserves for outside tracts 24 

July 31, 1900. Approximation of areas in cases of lieu selections for 

forest reserve tracts 30 

June 21, 1900. Under act of June 6, 1900 (31 Stat., 614) confining lieu 

selections to surveyed lands 32 

57 



58 Index. 

ClRCI'LARS— Continned. Page. 

July 5, 1900. Relative pasturing live stock . -.- 38 

June 18, 1900, Forest fires -.. 43 

Coal Lands w^ithin Forest Reserves: 
See Mineral lands iriihin forest reserves. 
See Minerals, inelvding coal. 
Corporations: 

No authority to permit free use of forest- reserve timber by . . 35 

Creation of Public Forest Reserves: 

Authorized by section 24 of act of March 3, 1S91 (26 Stat.. 1095) .... 5, 9, 10, 14 
Cripple Creek District Railw.^y Company: 

Right of way through the Pike's Peak Timber Land Reserve 6, 46 

Cripple Creek Short-Line Railway Company: 

Right of way through the Pike's Peak Timber Land Reserve 0, 47 

Cutting Forest-Reserve Timber: 

Act of June 4, 1897 (30 Stat., 35), provides for 12,18 

Act of June 6, 1900 (31 Stat., 661), amends act of June 4, 1897 (30 Stat., 35) 6,37 

Generally, regulations governing 18-23, 35, 36 

Depredations: 

Act of June 4,1897 (30 Stat., 35), provides that the Secretary of the In- 
terior shall make provision for the protection of the public forests and 

forest reservations from depredations _ 11 

Penalties prescribed are additional to those already existing in respect 

to punishment for depredations on the public timber .... 15 

Ditches, Irrigating: 

Right of way for 13,16,17,42 

Egress and Ingress: 

By settlers within forest reserves . — 13,16 

Electric-Power Purposes: 

General right of way across forest reserves for 13, 16, 17, 42 

Elimination op Agricultural Lands from Forest Reserves: 

Authorized by act of June 4, 1897 (30 Stat. , 36) . 14, 32-34 

Exchange of Private Holdings in Forest Reserves for Outside 
Tracts: 

Act of June 4, 1897 (30 Stat., 36) , authorized by 13, 24 

Act of June 6, 1900 (31 Stat., 614), amends act of June 4, 1897 (30 Stat., 36). 6,31 
Generally — 

Regulations governing 17, 24-37, 32 

Decisions by the Department of the Interior 27-30 

Approximation of areas. 30, 31 

Fires, Forest: 

Act of May 5, 1900 (31 Stat., 169) — 

Prevention of fires on the public domain _ 6, 15, 43, 44 

Penalties for causing fires in violation thereof . . 6, 43, 44 

Act of June 4, 1897 (30 Stat., 35). The Secretary of the Interior shall 
make provisions for the protection of the public forests and forest 

reservations from destruction by fire 11 

Fish and Game Laws: 

Enforcement of, in forest reserves 5, 44 

Flumes, Irrigating: 

Right of way for 13,16,17,42 

Free Use of Timber and Stone in Forest Reserves: 

Provided for by act of June 4, 1S97 (30 Stat. ,35) 12, 18-20, 35 

Regulations governing - 18, 35 

No authority to permit free use of timber by corporations ... 35 

A personal privilege 36 



Index. 59 

Game Laws: Page. 

Enforcement of, in forest reserves 5, 44 

Geological Survey (United States): 

Survey of forest reserves by , . 5, 9, 10, 45 

Goats: 

Pasturing of. . . 17, 38^1 

Grand Canyon Forest Reserve: 

Right of way through, granted to the Santa Fe and Grand Canyon 

Railroad Company 6, 45 

Grazing: 

"Within forest reserves 17, 38-41 

Homestead Settlers: 

Special privileges granted to, in the Black Hills Forest Reserve, South 

Dakota • _ 7,51 

Hotels: 

Land for sites 41,42,51 

Ingress to Forest Reserves: 

Provision for, by settlers 13, IG 

Jurisdiction, Civil and Crimin.il: 

Over persons in forest reserves - 13,16 

Leasing Lands in Forest Reserves: 

Authority for 5, 41, 43 

Licenses: 

Secretary may grant ._ . 17 

Lieu Selections for Tracts in Forest Reserves: 

Act of June 4, 1897 (30 Stat., 36), authorized by 13,24 

Act of June 6, 1900 (31 Stat., 614), amends act of June 4, 1897 (30 

Stat., 36) . . 6,31 

Generally — 

Regulations governing . . 17, 24-27, 32 

Decisions hj the Department of the Interior 27-30 

Approximation of areas. . . _ 30, 31 

Live Stock: 

Pasturing of 17,38-41 

Locating Mineral Lands in Forest Reserves: 

Not prohibited . 13,16 

Mineral Lands in Forest Reserves: 

Act of February 20, 1896 (29 Stat., 11). Mineral lands in certain forest 

reserves in Colorado opened to location, etc 6, 55, 56 

Act of June 4, 1897 (30 Stat., 35, 36) — 

Not intended that lands shall be included in forest reserves that are 

more valuable for minerals than for forest uses 11, 15 

Development of, not prohibited 13-16 

Land in a forest reserve found to be better adapted for mining than 

for forest usage may bo restored to the public domain _ 14, 15 

Mineral lands included in a forest reserve shall continue to be sub- 
ject to location and entr j^ in the usual manner 14, 18, 35 

Use of timber on mining claims 18 

Coal lands are mineral lands within the meaning of the act of June 

4,1897 (30 Stat., 35. 36) 85 

Free use of timber by miners . . 35 

Minerals, Including Coal: 

E.xcepted from grant, made by act of Februaiy 28, 1899 (;iO Stat., 910), 
to the Pasadena and Mount Wilson Railway Company 51 



60 Index. 

Notice of Sale of Timber: Page. 

Act of June 4, 1897 (30 Stat, , 35) , provides for 13 

Act of June 6, 1900 (31 Stat., 661 ), amends act of June 4, 1897 (30 Stat. , 35) . 6, 37 

Generally, regulations governing .... 20-23 

Notices (Fire Warning): 

Penalty for destruction of 44 

Object of Forest Reservation: 

Specifically stated in the act of June 4, 1897 (30 Stat., 35) 11,15 

Observations, Astronomical: 

Sites for 51 

Orders (Executive) Respecting Forest Reserves: 

May be revoked, modified, or suspended. _. __ . 10, 14 

Pasadena and Mount Wilson Railway Company: 

Right of vv^ay through the San Gabriel forest reserve 7, 49 

Pasturing of Live Stock: 

Regulations governing 17,38-41 

Payments for Timber: 

Actof June 4, 1897 (30 Stat., 35), provides for 12 

Act of June 6. 1900 (31 Stat., 661), amends act of June 4, 1897 (30 Stat., 

35) . 6.37 

Generally, regulations governing - 20-23, 37 

Penalties: 

Act of June 4, 1897 (30 Stat., 35) — 

Violations of, hov? punished ... ... 12,15 

For unauthorized grazing in forest reserves _ . 39-41 

Petitions for Sales of Timber: 

Regulations governing . .. ... 20-23 

Pike's Peak Timber Land Reserve: 

Right of way through, granted to the Cripple Creek District Railway 

Company . . . 6, 46, 48 

Right of way through, granted to the Cripple Creek Short- Line Rail- 
way Company . _ . 6, 47 

Opened for mining locations by act of February 20, 1896 (29 Stat., 11) _ 6, 55, 56 
Pipe Lines: 

General right of way for across forest reserves _ _ . 13, 16, 17 

Right of way for. across the San Francisco Mountains forest reserves.. 7,49 
Plum Creek Timber Land Reserve: 

Opened for mining locations by act of February 20, 1896 (29 Stat., 11) _ 6, 55, 56 
Private Holdings in Forest Reserves; Exchange of, for Outside 
Tracts: 

Act of June 4, 1897 (30 Stat. , 36) , authorized by 13, 24 

Act of June 6, 1900 (31 Stat., 614), amends act of June 4, 1897 (30 Stat., 
36) 6,31 

Generally — 

Regulations governing 17, 24-27, 32 

Decisions by the Department of the Interior . . 27-30 

Approximation of areas 30, 31 

Privileges: 

Secretary may grant.. 17 

Proclamations by the President Creating Forest Reserves: 

Issued under authority of section 24 of the actof March 3, 1891 (26 Stat., 
1095) -_ 5,9,10,14 

May be revoked, modified, or suspended 10, 14 

Prospecting for Minerals: 

Not prohibited in forest reserves 13,16 

Free use of timber in connection with 35 



Index. 6X 

Purchases of Timber: Page. 

Act of June 4. 1897 (80 Stat., 35), provides for, 13 

Act of June G, 1900 (31 Stat., 661), amends act of June 4, 1897 (30 Stat., 

35) 6,37 

Generally, regulations governing 30-33, 37 

Railroads: 

See Rights of tray across forest reserves. 
Relinquishment of Tracts in Forest Reserves: 

Act of June 4, 1897 (30 Stat., 36), authorized by 13,34 

Act of June 6, 1900 (31 Stat., 614), amends act of June4, 1897 (30 Stat, 36) . 6,31 
Generally — 

Regulations governing _ _ 17, 24-37, 32 

Decisions by the Department of the Interior _ 27-30 

Approximation of areas _ . . . _ . 30, 31 

Renting or Leasing Lands in Forest Reserves: 

Authority for 5,41,42 

Reservoir Sites: 

Privileges respecting, in forest reserves 17, 42, 43 

Rights of Way Across Forest Reserves: 
General provision — 

Made in act of March 3, 1891 (26 Stat., 1095) ... 42 

Made in act of June 4, 1897 (30 Stat. , 36) 13, 16, 17, 43 

Made in act of March 3, 1899 (30 Stat., 1233) 6,43 

Made in act of May 14, 1896 (29 Stat., 120), for the purpose of gen- 
erating, etc. , electric power 42 

Grand Canyon Forest Reserve, Arizona — 

Right of way through, granted to the Santa Fe and Grand Canyon 

Railroad Company 6,45 

Pike's Peak Timber Land Reserve. Colorado — 

Right of way through, granted to the Cripple Creek District Rail- 
way Company . . 6, 46 

Right of way through, granted to the Cripple Creek Short-Line 

Railway Company 6, 47 

San Francisco Mountains Forest Reserves, Arizona — 

Right of way through, granted to the Saginaw Southern Railroad 

Company _ _ 7,43 

Right of way through, for a pipe line, granted to the town of Flag- 
staff, Ariz 7^ 49 

San Gabriel Forest Reserve, California — 

Right of way through, granted to the Pasadena and Mount Wilson 

Railway Company ,_ 7,49 

Roads: 

Through forest reserves _. 13, 16, 17 

Rules and Regulations: 

Act of June 4, 1897 (30 Stat., 35), required to be made by the Secretary 

of the Interior , . _ 1 1 

Saginaw Southern Railroad Company: 

Right of way through the San Francisco Mountains Forest Reserves. . . 7, 48 
Sales of Forest Reserve Timber: 

Act of June 4, 1897 (30 Stat.. 35), provides for 12,20 

Act of June 6, 1900 (31 Stat., 061), amends act of June 4, 1897 (30 Stat., 

35) - 6,36 

Generally, regulations governing 20-23, 36 

San Gabriel Forest Reserve: 

Right of way through, granted to the Pasadena and Mount Wilson Rail- 
way Company 7^49 



62 Index. 

Sanitariums : Page. 

Land for sites 41,42 

San Francisco Mountains Forest Reserves: 

Right of way through, granted to the Saginaw Southern Railroad Com- 
pany . - .-- 7,48 

Right of way through, for pipe line for conveyance of water to Flag- 
staff, Ariz.. 7,49 

Santa Fe and Grand Canyon Railroad Company: 

Right of way through the Grand Canyon Forest Reserve. . 6, 45 

School Lands in Forest Reserves: 

Decisions by the Department of the Interior . 33 

Schools : 

Provision for, in forest reserves 18, 16, 43 

Seminaries of Le.\rning : 

Sites for 51 

Sheep : 

Pasturing of 17,38-41 

South Platte Forest Reserve: 

Opened for mining locations by act of February 20, 1896 (29 Stat., 11 ) . . 6, 55, 56 
Springs (Mineral, Medicinal, etc.) in Forest Reserves: 

Renting or leasing lands in connection with. 5, 41, 42 

Stations, Railroad : 

Land for ... 51 

Statutes (United States Revised): 

Section 5388 12,15,39,40 

Section 2275 --. ..-. 32 

Section 2347 35 

Section 2352 35 

Stone, Use of, in Forest Reserves: 

Provisions regarding . 12, 16, 18, 35, 49 

Surveys: 

Of forest reserves — 

By United States Geological Survey _ . . 5, 9, 10, 45 

By General Land Office 5,45 

Of settlers" claims in the Black Hills Forest Reserve. S. Dak 7,51,53 

Suspension of Certain Forest Reserves Created by Proclamations 
Issued February 22, 1897: 

Provision for, in the act of Jixne 4, 1897 (30 Stat., 34) 10 

Timber in Forest Reserves: 
Free use of — 

Provision for, in act of June 4, 1897 (30 Stat., 35) 12 

Regulations governing . 16,18,35,36 

By owners of mining locations in certain reserves in Colorado 55, 56 

Sale of — 

Provisionfor, inactof June4, 1897 (30Stat.,35) 12 

Act of June 6, 1900 (31 Stat. , 661 ) , amends provisions respecting sales 

of timber made in act of June 4, 1897 (30 Stat., 35) 36, 37 

Regtilations governing sales of timber 20-23, 36 

Generally — 

Use of timber on mining claims . . 18, 55, 56 

Use of timber in connection with right of way privileges 16, 

42, 46, 47, 48, 49, 50 
Wagon Roads in Forest Reserves: 

Provision for, in act of June 4, 1897 (30 Stat. ,36) 13, 16, 43 

Water Flow: 

Forest reserves for protection of 11,15 

Waters: 

Use of, in forest reserves 14, 16 



TABLE OF OASES OITED. 

Page. 

Coffin, Edgar A. (30L.D.,15) 30 

Cramm, Julius (17 L.D., 305) _ 30 

Crandell, Albert W 36 

Crowder,T.P. (30 L.D.,92) 35 

Evans, J. T 36 

Garcia, Jesus , _ 36 

Gosney.E.S. (29L.D.,593) 28,29 

Gosney,E.S. (30 L. D.,44) __ 32 

Hamilton Irrigation Company (31 L. D.,330) 42 

Harrell.A. J. (29 L.D.,553) 29 

Henry, John E. (30L.D.,158) 34 

Hyde (F.A.) et al. (28L.D.,284) 25,27,28 

Kendall. Townsend and Walter. 56 

Kollock, (165 U. S., 536, 533) 41 

Lowe (T.S.C.) etal. (38L.D.,89) 43 

McDonald. Gideon F. (30L.D.,124) 30 

Sayles, Henry P. (33 L.D.,88) 30 

Shiver v. United States ( 159 U. S. , 491) , 56 

Santa Fe Pacific Railway Company (39 L. D., 597) 28 

Tevis, Williams. (39 L.D., 575) . .. 39 

Tygh Valley Land and Live Stock Company, United States v. (76 Fed. Rep., 

693) 41 

Townsend (Kendall, and Walter) . . _ . 55, 56 

United States v. Tygh Valley Land and Live Stock Company (76 Fed. Rep., 

693) .- 41 

Wangenheim, Emil S. (38 L.D..391) 25,28 

Walter (Kendall. Townsend and) 55,56 

Woodbridge, Jared (39 L.D.,531) 34 

63 



ACTS OF 00:N^GRESS cited Al^D COl^STEUED. 

GENERAL LAWS. 

Page. 

March 3, 1875 (18 Stat.. 482) 46,47,48,50 

June 4, 1888 (25 Stat., 166) 12,15,39 

March 3, 1891 (26 Stat., 1095) 5,9,10,42,45 

February 20, 1896 (29 Stat., 11) 6,55,56 

May 14, 1896 (29 Stat., 120) _... 42 

February 24, 1897 (29 Stat., 594) 6,15,43 

June 4, 1897 (30 Stat., 34-36) 5,9,24,44,45 

May 11, 1898 (30 Stat.. 404) _ ___ 43 

February 28, 1899 (30 Stat., 908) -.. 5,41,42 

March 3, 1899 (30 Stat., 1095) .... 5,44 

March 3, 1899 (30 Stat., 1097) 5,45 

March 3, 1899 (30 Stat., 1233) 6,43 

February 9, 1900 (31 Stat., 21) 5,44 

May 5, 1900 (31 Stat., 169) 6,15,43,44 

June 6, 1900 (31 Stat., 614) _. 5,6,31,44 

June 6, 1900 (31 Stat., 661) __. 6,20,36 

LOCAL LAWS. 

February 20, 1896 (29 Stat., 11) _ 6,55,56 

May 18, 1898 (30 Stat., 418) 6,45 

June 27, 1898 (30 Stat., 493) _ 6,46,48 

July 8. 1898 (30 Stat., 729) 6,47 

January 10, 1899 (30 Stat., 783) 7,48 

February 28, 1899 (30 Stat., 910) ---^ 7,49 

March 3, 1899 (30 Stat., 1095) -. 7,53 

June 6, 1900 (31 Stat., 657) .- 7,49 

64 

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